Tag: Indian Penal Code 498A

Landmark Ruling: Supreme Court Dissolves Marriage Under Article 142 for Unhappy Couple
Supreme Court

Landmark Ruling: Supreme Court Dissolves Marriage Under Article 142 for Unhappy Couple

The Supreme Court granted divorce under Article 142 on the ground of irretrievable breakdown of marriage, citing 16 years of separation and failed reconciliation. It upheld the husband’s acquittal in a false cruelty case (IPC 498A) and enhanced maintenance to ₹15,000/month for the wife and child, prioritizing dignity over a defunct marital bond. Facts Of The Case: The marriage between Pradeep Bhardwaj (appellant-husband) and Priya (respondent-wife) was solemnized on 7 May 2008 in Delhi under Hindu rites. A son was born in 2009, who remained in the wife’s custody. The couple separated in October 2009, just over a year after marriage, and had been living apart for 16 years by the time of the Supreme Court’s judgment. The husband filed for divorce in 2010 under Section 13(1)(a) of the Hindu...
Supreme Court Upholds Quashing of 498A Case Against In-Laws : Calls It ‘Abuse of Process'”
Supreme Court

Supreme Court Upholds Quashing of 498A Case Against In-Laws : Calls It ‘Abuse of Process'”

The Supreme Court dismissed a Special Leave Petition challenging the High Court's quashing of criminal proceedings under Sections 498A, 325, 506 IPC and Dowry Prohibition Act. The Court upheld the invocation of Section 482 CrPC, finding the complaint contained material inconsistencies and amounted to an abuse of process, while emphasizing the need for cautious scrutiny of matrimonial cases involving extended family members. The judgment reaffirmed judicial discretion to prevent misuse of criminal proceedings in family disputes. Facts Of The Case: The petitioner, Disha Kapoor, filed a criminal complaint under Section 156(3) CrPC against her husband and nine relatives, including in-laws and extended family members, alleging offenses under Sections 498A (cruelty), 325 (voluntarily causing g...