Indian Penal Code, 1860, Section 498A -- Cruelty - Cruelty is not enough to constitute the offence u/s 498-A IPC - It must be done with the intention to cause grave injury or drive the victim to commit suicide or inflict grave injury to herself...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegation against family members of husband - Mere omnibus statement has been made that physical and mental cruelty was afflicted because wife could not provide a male child - Furthermore, it is merely mentioned that appellants would instigate husband to harass wife, but again, no specific or precise instances are..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Presence of dowry demand is not a prerequisite for establishing cruelty u/s 498-A IPC...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Core of the offence u/s 498-A IPC lies in the act of cruelty and does not purely revolve around the demand for dowry...........
Indian Penal Code, 1860, Section 498A -- Cruelty - S.498-A IPC recognizes two distinct forms of cruelty: one involving physical or mental harm in S.498-A Explanation (a) IPC and the other involving harassment linked to unlawful demands for property or valuable security in S.498-A Explanation (b) IPC - These two provisions are to be read disjunctively - Absence of an..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Keeping a young child of four years old away from her mother in defiance of Court order amounts to mental harassment amounting to cruelty in as much as it would certainly cause grave injury to mental health of mother of child - Such act of in-laws amounts to cruelty within meaning of S.498-A Explanation (a) IPC...........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 34 -- Cruelty - Specific allegation against applicants that they used to demand a sum of Rs.10,00,000 from her for purchasing a car - Statements of parents and brothers of complainant supports her version with respect to demand of dowry and harassment meted out to her on account of failure to fulfill the demand - She..........
Indian Penal Code, 1860, Section 498A -- Cruelty - A Girlfriend or even a woman with whom a man has had romantic or sexual relations outside of marriage could not be construed to be a relative in terms of S.498-A IPC...........
Indian Penal Code, 1860, Section 498A, 504, 109, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - There is no averment or material to show that appellant was in any way concerned with causing harassment to victim on account of non-fulfillment of demand of dowry - Proceedings qua appellant quashed...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Simply sending an e-mail mentioning the factum of giving three talak to wife amounts to a form of mental torture...........
