Tag: High Court of Delhi

Marriage Dead: Supreme Court Dissolves Union, Quashes 498A Case in Landmark Irretrievable Breakdown Ruling
Supreme Court

Marriage Dead: Supreme Court Dissolves Union, Quashes 498A Case in Landmark Irretrievable Breakdown Ruling

The Supreme Court, invoking its extraordinary power under Article 142 of the Constitution, dissolved the marriage on the ground of irretrievable breakdown. It quashed the pending criminal proceedings under Section 498-A IPC, finding the allegations to be vague and arising from marital discord, while upholding the terms of a settlement agreement for a clean break. Facts Of The Case: The marriage between Anurag Goel (appellant-husband) and the second respondent (wife) took place on July 25, 2015, following prior divorces for both. After approximately one year and nine months of conjugal life, the relationship soured. The husband alleged constant harassment, leading him to abandon the matrimonial home—a Mumbai apartment he owned—in April 2017 to move to Faridabad with his autistic child fro...
Supreme Court Quashes FIR in 498A Dowry Case: Rules on Delay & False Allegations
Supreme Court

Supreme Court Quashes FIR in 498A Dowry Case: Rules on Delay & False Allegations

The Supreme Court of India quashed an FIR and chargesheet, holding that while the complaint was within the limitation period as per Section 468 CrPC (relevant date for limitation being filing of complaint, not cognizance date), the allegations lacked specific incidents of cruelty and appeared to be a misuse of legal provisions. Facts Of The Case: The present appeal challenges a High Court order dated April 1, 2024, which set aside a Sessions Court order from October 4, 2008. The Sessions Court had discharged the Appellant from charges under Section 498A of the Indian Penal Code, 1860, in FIR No. 1098/2002. The case originated from a complaint filed by the Complainant wife (Respondent no. 2) on July 3, 2002, leading to the FIR being registered on December 19, 2002, at PS Malviya Nagar...