matrimonial cruelty - The Legal Chamber

Supreme Court Acquits Mother-in-Law, Cites Lack of Evidence in Dowry Harassment Case

1Oct

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Acquits Mother-in-Law, Cites Lack of Evidence in Dowry Harassment Case

The Supreme Court acquitted the appellant of charges under Section 498-A IPC. It held that the conviction, based solely on uncorroborated testimony of interested witnesses, was unsustainable. The Court emphasized that cruelty under Section 498-A must be proven by continuous or persistent conduct likely to drive a woman to suicide, which was not established by the prosecution evidence. Facts Of The Case: The case originated from the death of Chandra Devi, who was found deceased in her matrimonial home on June 15, 2001. Her father, Dharmanand Joshi (PW-1), filed a complaint the next day, alleging that his daughter had committed suicide by hanging. He reported seeing wounds on her body and expressed suspicion about her death, stating that the deceased had previously told him her mother-in-l...

Husband’s Second Marriage Leads Supreme Court to Use Special Power for Divorce

18Sep

By The Legal ChamberNo Comments

Supreme Court

Husband’s Second Marriage Leads Supreme Court to Use Special Power for Divorce

The Supreme Court, invoking its extraordinary powers under Article 142 of the Constitution, dissolved the marriage on the ground of irretrievable breakdown. The decree was granted subject to the husband paying a one-time permanent alimony of ₹1.25 crores to the wife, ensuring a complete settlement. Facts Of The Case: The marriage between the appellant-husband, A. Ranjithkumar, and the respondent-wife, E. Kavitha, was solemnized on February 15, 2009. Shortly thereafter, the couple relocated to the United States of America, where the husband was employed. A son was born from the union on April 7, 2010. However, the marital relationship soured, leading the husband to file a divorce petition on September 26, 2012, under the Hindu Marriage Act, 1955, on the grounds of cruelty and adultery. Th...

Complete Justice: Supreme Court Uses Special Powers to End Family Dispute, Quashes FIR After Settlement

16Sep

By The Legal ChamberNo Comments

Supreme Court

Complete Justice: Supreme Court Uses Special Powers to End Family Dispute, Quashes FIR After Settlement

The Supreme Court, invoking its powers under Article 142 of the Constitution, quashed the criminal proceedings. It held that continuing prosecution after a mutual divorce and full settlement serves no legitimate purpose and amounts to an abuse of the process of law, especially in the absence of specific allegations. Facts Of The Case: The case originated from an FIR (No.67 of 2019) registered by the second respondent against her husband (appellant No.1) and in-laws (appellant Nos. 2 & 3) under Sections 323, 406, 498-A, and 506 of the IPC, alleging cruelty, criminal breach of trust, and criminal intimidation. The marriage, solemnized in March 2018, lasted approximately ten months before the wife left the matrimonial home. Subsequently, a chargesheet was filed in November 2019. However...

Supreme Court: Criminal Cases Against In-Laws Can Be Dropped After Amicable Settlement

28Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court: Criminal Cases Against In-Laws Can Be Dropped After Amicable Settlement

This Supreme Court, invoking Article 142 of the Constitution, quashed all criminal proceedings arising from matrimonial discord, including charges under Section 494 and 498A IPC. Relying on precedents, it held that continuing prosecution after a full and final settlement and divorce constitutes an abuse of the legal process and serves no legitimate purpose. Facts Of The Case: The marriage between the respondent-wife and the appellant's brother was solemnized in 2001. The couple moved to the USA, but their relationship soured, leading to a mutual divorce decree from a California court in 2007. After returning to India, the wife initiated multiple legal proceedings against her husband and his family (the appellants). These included a complaint case alleging cruelty, a case under the Domest...

Supreme Court Rejects Appeal in Dowry Harassment Case : Confirms 10-Year Jail for Husband in Dowry Death Case

24May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rejects Appeal in Dowry Harassment Case : Confirms 10-Year Jail for Husband in Dowry Death Case

The Supreme Court upheld the conviction under Section 304-B IPC (dowry death), affirming that the prosecution proved demand of dowry, cruelty, and unnatural death within seven years of marriage. The Court emphasized the presumption under Section 113-B of the Evidence Act, shifting the burden to the accused, who failed to rebut it. It clarified that contradictory defenses (accidental fall vs. suicide) weaken the accused's case, and consistent witness testimonies established dowry harassment. The judgment reinforced strict scrutiny of dowry-related deaths and dismissed the appeal, sustaining the 10-year rigorous imprisonment sentence. Facts Of The Case: The case involved the death of Punita (alias Gayatri), who married the accused-appellant Virender Pal on February 28, 2008. Within months ...