Tag Archives: cruelty

No automatic arrest of husband in Sec. 498A cases: SC

In an attempt to curb the misuse of Section 498A of Indian Penal Code, the Supreme Court of India issued new directions that included an end to the automatic arrest of the husband and his family members. Section 498A of … Continue reading

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Privacy Rights should be protected during litigation: DHC

Raising serious concerns over the disclosure of the most private and personal details by the parties during the matrimonial litigation and thus affecting the privacy rights, the Delhi High Court issued the below directions to the Family Courts in Delhi. … Continue reading

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‘Soon before her death’ not synonymous with ‘immediately before’: SC

In an important ruling, the Supreme Court of India clarified that the expression “soon before her death” as used under Section 304B of Indian Penal Code is a relative expression and is not synonymous with “immediately before”. Section 304B of … Continue reading

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Arrests cannot be made in a routine manner: SC

Expressing concerns over the misuse of the law to combat the menace of harassment to a woman at the hands of her husband and his relatives, the Supreme Court of India said that the arrests cannot be made in a … Continue reading

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Mere intimacy with third party would not amount to cruelty u/S 498A IPC: SC

The Supreme Court of India ruled that mere intimacy with a third party during the subsistence of marriage as such would not amount to cruelty under Section 498A of Indian Penal Code. The Court said “but it (intimacy) must be … Continue reading

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Recognize ‘mediation’ as an effective alternative in matrimonial cases: SC

Recognizing “mediation” as an effective method of alternative dispute resolution in matrimonial matters, the Supreme Court of India (in a very important ruling), held that even though offence punishable under Section 498-A of the IPC is not compoundable, in appropriate … Continue reading

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Court can take cognizance of non-cognizable offence on a police report: SC

The Supreme Court of India cleared that if a complaint contains allegations about commission of offence under Section 498A (Husband or relative of husband of a woman subjecting her to cruelty) of the Indian Penal Code (“IPC”) which is a … Continue reading

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