Search Results for "cruelty harassment"

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Search Results for "cruelty harassment"

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High Court

Bombay High Court Quashes Domestic Violence Proceedings Against Husband and In-laws Due to Lack of Territorial Jurisdiction. Complaint Filed at Pune While Shared Household Was in Hyderabad — Held That Jurisdiction Lies Where Cause of Action Arises, Not at Wife's Temporary Residence.

2 Mar 2016

The petitioners, the husband and his parents, filed a writ petition under Article 227 of the Constitution of India challenging the proceedings initiat...

High Court

Bombay High Court Dismisses Petition to Quash Domestic Violence Proceedings — Maintainability of Application Under Section 12 of DV Act Against Husband and In-Laws Upheld Despite Lack of Shared Household. The Court held that the wife's right to reside in a shared household is not contingent on her actual residence at the time of filing the application, and the Magistrate has jurisdiction to grant reliefs under the Protection of Women from Domestic Violence Act, 2005.

2 Mar 2016

The Bombay High Court dismissed a writ petition filed by the husband and his parents seeking quashing of proceedings initiated by the wife under Secti...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Family Members in Dowry Harassment Case Due to Vague Allegations and Lack of Territorial Jurisdiction. The Court held that the complaint under Section 498A IPC and Dowry Prohibition Act was an abuse of process as the allegations were general and the incident alleged to create jurisdiction was not corroborated.

1 Apr 2019

The Supreme Court allowed the appeals filed by Rashmi Chopra and others against the judgment of the Allahabad High Court dated 08.08.2018, which had d...

High Court

Bombay High Court Quashes Additional Charge Under Section 304-B IPC Against Husband and Mother-in-Law in Dowry Death Case. Absence of Evidence of Demand of Dowry 'Soon Before Death' and Lack of Proximate Link Between Cruelty and Suicide Precludes Framing of Charge Under Section 304-B IPC.

22 Nov 2019

The applicants, Vinod Babaso Bhosale (husband) and Chhaya Babaso Bhosale (mother-in-law), were accused in Sessions Case No. 148 of 2015 pending before...

High Court

Bombay High Court Acquits Appellants in Dowry Death Case Due to Lack of Evidence of Abetment to Suicide. Conviction under Sections 498A and 306 IPC set aside as prosecution failed to prove cruelty or instigation leading to suicide.

25 Jul 2016

The appellants, Balasaheb Ganpati Jadhav, Ramesh Balasaheb Jadhav, Ratnabai Balasaheb Jadhav, and Surekha Balasaheb Jadhav, were convicted by the 2nd ...

High Court

Bombay High Court Quashes FIR Against Sister-in-Law in Dowry Harassment Case — No Specific Allegations. General and omnibus allegations against a married sister-in-law living separately do not constitute cruelty under Section 498A IPC, and continuing prosecution would be an abuse of process of law.

17 Sep 2018

The petitioner, Rupali Nathaji More, who is the married sister-in-law of the respondent no.2 (complainant), filed a writ petition under Article 226 of...

Supreme Court

Supreme Court Quashes FIR Against In-Laws in Dowry Harassment Case Due to Omnibus Allegations. The Court found that allegations under Sections 341, 323, 379, 354, 498A read with Section 34 IPC were general and lacked specificity, warranting quashing under Section 482 CrPC to prevent misuse of Section 498A IPC.

8 Feb 2022

The appeal arose from a judgment of the Patna High Court dismissing a criminal writ petition under Section 482 of the Code of Criminal Procedure, 1973...

High Court

Bombay High Court Quashes Process Against Aunt and Uncle in Domestic Violence Case — Relatives Not 'Respondents' Under DV Act. Relationship of aunt by marriage does not fall within 'domestic relationship' under Section 2(f) of Protection of Women from Domestic Violence Act, 2005 as it is not a relationship of consanguinity, marriage, or a relationship in the nature of marriage.

5 Sep 2018

The petitioners, Mr. Prabhakar Mohite and Mrs. Vijaya Prabhakar Mohite, filed a writ petition under Article 226 of the Constitution of India read with...

High Court

Bombay High Court Abates Appeal of Deceased Accused and Examines Convictions Under Sections 498A and 306 IPC. Issues include delayed FIR and general allegations in dowry harassment case.

25 Jan 2019

The High Court of Judicature at Bombay, Nagpur Bench, heard two connected criminal appeals arising from the judgment and order of conviction dated 3 J...

High Court

Bombay High Court Upholds Acquittal of Accused in Dowry Death Case Due to Lack of Evidence. Demand of Rs. 50,000 Not Proven as Dowry Demand Under Section 304B IPC.

19 Dec 2019

The State of Maharashtra appealed against the acquittal of Ashok Tukaram Sawant, Tukaram Bala Sawant, and Malan Tukaram Sawant (respondents) by the II...

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