License & Printed By : | https://www.aironline.in |
AIR 2019 SUPREME COURT 2297 ::2019 Cri L J 3450 (SC)
Supreme Court Of India
(From: Allahabad)*
Hon'ble Judge(s): Ashok Bhushan, K. M. Joseph , JJ

(A) Penal Code (45 of 1860) , S.498A— Cruelty - Complaint by father of wife - Maintainability - Nothing in S. 498-A, to indicate that complaint for cruelty has to be filed necessarily by women so subjected - Complaint filed by her father, maintainable. S. 498-A provides for an offence when husband or the relative of the husband, subject her to cruelty. There is nothing in S. 498-A, which may indicate that when a woman is subjected to cruelty, a complaint has to be @page-SC2298 filed necessarily by the women so subjected. A perusal of S. 498-A, as extracted above, indicates that the provision does not contemplate that complaint for offence under S. 498-A should be filed only by women, who is subjected to cruelty by husband or his relative. Thus, complaint filed by father, cannot be said to be not maintainable on this ground.(Para 30) (B) Criminal P.C. (2 of 1974) , S.482— Penal Code (45 of 1860) , S.498A— Dowry Prohibition Act (28 of 1961) , S.3, S.4— Quashing of proceedings - Allegation of cruelty and demand of dowry by father of wife against her in-laws and their relatives - On day of filing of complaint husband and wife living separately and were not living in India - Allegations are general and sweeping and no specific dates or details of any inciden....

Buy and Download By Entering Following Details (Worth /-)

Step 1
Enter your contact details.
Please enter your name.
Please enter a valid 10 digit mobile number
Please enter your valid email id.
I agree on Terms & Conditions
Step 2
Enter your payment details

 J