Delhi HC: The Reasoning Behind Permitting The Compounding Of 498A Cases

Folks,
for a while, I’ve wondered why the courts allow the compounding of 498A cases when 498A is NON-COMPOUNDABLE. Justice Dhingra offers an explanation in this judgment. This is a judgment from 2007. Here is an excerpt:

“The Courts have been allowing quashing of proceedings under Section 498A /406 Indian Penal Code, 1860 because in such cases the FIRs are result of matrimonial discord and more often the effort of the Court is that either the parties should settle for a compromise for living together or they should part their company peacefully, so that, there is peace and amity in the society. In cases resulting from matrimonial discord, the Court is not dealing with criminal but dealing with broken marriages and broken homes where resort is more often made to Sections 498A/406 Indian Penal Code, 1860 to teach lessons to the family of husband or to take revenge”

Here is the link to the judgment: Delhi HC: Permitting The Compounding Of 498A Cases

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Public Prosecution – In Need Of Reform

Here is the link

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SC Judgment: Jagraj Singh Vs Birpal Kaur – 2007

This is a divorce case which deals with jurisdiction and the consequences for not obeying summons issued by an Indian Court AFTER submitting to its jurisdiction.

Here is the judgment:  SC Judgment: Jagraj Singh Vs Birpal Kaur

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The Mother Of All PILs: PUCL vs Union Of India.

Folks,

This is the PIL filed by Colin Gonsalves, the father of PILs in India.

He got the SC to prod the Govt into action by filing a PIL under Right to Life guaranteed by the Constitution. This PIL was for distributing food to the areas where starvation deaths were occurring. The FCI godowns were stuffed with food and some of it was rotting. Yeah, our Govt did a Marie Antoinette on its citizens.

So what does this PIL have to do with 498A ? This is the way to prod the govt into action.

You can read more about the Right To Food Campaign here

Here is a link to PUCL Website

Here is the petition: PUCL vs Union Of India

Here is a link to the interim orders issued by the SC.

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Dedicated To Those Threatened With Deportation By The In-Laws

This is a judgment from the European Court Of Human Rights.

Extradition is a powerful tool to use and most western govts do not do it unless the reasons are compelling and in their national interest.

Here is the link: European Court of Human Rights

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European Court Of Human Rights Portal

http://www.echr.coe.int/echr/

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ANTITERRORISM AND SECURITY LAWS IN INDIA

Here is the link:  ANTITERRORISM AND SECURITY LAWS IN INDIA

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Understanding Justice Delivery System: Vis A Vis 498A

This is an article by Shalu Nigam.

I haven’t read it, but be assured it will be biased.

Here is the link: Understanding Justice Delivery System: Vis A Vis 498A

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LITIGATING REPRODUCTIVE RIGHTS

Another interesting doc.

Can’t recollect source either.

Here  is the link: LITIGATING REPRODUCTIVE RIGHTS:

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PIL: Potential And Problems

Can’t recollect where I found this doc.

Here is the link:  PIL – Potential And Problems

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Implications In A False Case

This is a case from 1999.

This is an issue of rape where the accuser recanted.

In our country, a person accused of rape has more rights than a mother or sister or any other member of the family of a male falsely accused in a 498A case.

Here is the judgment: Allahabad HC-False Rape Case 1999

Clinck here to find out when you can file damages/compensation for being implicated in a false case.

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Judgments Related To Divorce/498A/Bail/CrPC125/DV/DNA/HMA/RTI

I’ve compiled a list of judgments that relate to 498A, bail and/or divorce and DV.  This is a good place to prepare for your battle.

Mynation.net also has some judgments. You can look them up here:  http://mynation.net/docs/

I suggest you read the contents of the link below as well, as a divorce inevitably leads to a 498A.

• A Guide To Surviving IPC 498A

Foreign Court Judgments:

• Garg Vs Garg: NRI Child Custody Battle Fought In The US

CrPc 125:

• A Few Notes On CrPC 125

Lawyers Club Compilation Of 498A SC Judgments

• http://www.lawyersclubindia.com/forum/message_display.asp?group_id=4153

Interim Maintenance:

• An NRI Wins An Interim Maintenance Case – 2008

DV Act:

• Citations From Judgments To WIN DV Act Cases

RTI Rulings By Information Commissioners:

• Info Commissioner Orders Release Of PF Details Of Wife

HMA Judgments:

• Court Order Canceling Interim Maintenance Order Under HMA-2008
• Rajesh Motwani Shows Us How To Win A Maintenance Case – 2008
• MP HC Mamta Jaiswal Vs Rajesh Jaiswal No Maintenance-2000
• Neeraj Agarwal Wins Maintenance Case-Based On Mamta Jaiswal Vs Rajesh Jaiswal – 2007

SC Judgments:

• SC: Doctrine Of Binding Precedent
• SC: Guideline to Exercise Judicial Discretion to Grant or Refuse Bail
• SC Clarifies Sections 406 And 498A – 2007
• SC Explains Conditions For The Quash Of An FIR – 2009
• SC Redefines Right To Residence Under DVA– Batra Vs Batra-2007
• SC Judgment: Jagraj Singh Vs Birpal Kaur – 2007: NRI Refusal To Subject Himself To Indian Court Jurisdiction.
• SC: NRI Custody Battle
• SC: The Mother Is Not Always The Natural Guardian
• SC:Raj Kishore Tayal AB Order.
• SC: Wife Refers Only To Legally Married Wife
• SC: Mil Kicking The DiL Is Not 498A Cruelty – 2009
  
• SC-Maintenance From Parents In Law Cannot Be Claimed By DIL – 2008
• SC Quashes A 498A: Ruchi Agarwal Case
• SC: Quashes 498A in Muslim Couple Case
• SC Grants Custody Of Children To Indian Mother
• SC: Gita Hariharan Judgment (Child Custody)
• SC: Stray Acts Do Not Constitute Mental Cruelty
• SC Judgment On Jurisdiction
• SC Judgement On AB (Full)
• SC: Anticiparoty Bail (Gurbaksh Singh Sibbia v The State of Punjab AIR 1980 SUPREME COURT 1632)
• SC: Landmark Judgment On Anticipatory Bail (Gurbaksh Singh Sibbia)
  
• Supreme Court Landmark Judgment On Anticipatory Bail
• SC Judgement on Bail 2002
• Guideline to Exercise Judicial Discretion to Grant or Refuse Bail

Divorce:

• SC: Divorce On Grounds Of Cruelty And Desertion
• SC: Irretrievable Breakdown Grounds For Divorce
• SC: Geeta Jagdish Mangtani Vs.Jagdish Mangtani: Abandonment By Wife
• SC: Sanghamitra Ghosh Vs. Kajal Kumar Ghosh
• SC: Shobha Rani Vs Madhukar Reddi (498A Divorce 1987)
• Unsoundness Of Mind Of Spouse Grounds For Divorce Under Mental Cruelty
• SC Grants Custody Of Children To Indian Mother
• SC: Gita Hariharan Judgment
• SC: Unsoundness Of Mind Of Spouse Grounds For Divorce Under Mental Cruelty
• SC: NRI Divorce-Y. NARASIMHA RAO vs VENKATA LAKSHMI (Imp for NRIs)
• SC: Right To Maintenance only From Husband (Judis)
• Mumbai HC Anti – Divorce Appeal Quashed – 2000 (Grounds Of Cruelty)

Police:

• Joginder Kumar Vs State of UP-1994-Supreme Court On Powers Of Police To Arrest
• Police Duty Bound To Register A Case If It Is A Cognizable Offence

HC Judgments:

• Restraining A Police Officer From Abusing His Powers
• Mumbai HC: Deserting without just Cause. No Maintenance
• Delhi HC: The Police Should Avoid Arrest
• Guj HC: FIR Is A Public Document
• Delhi HC: Justice JD Kapoor “Make 498A Bailable”
• AP High Court Sets Aside A 498A Conviction
• Saritha Vs Ramachandra Judgment-2002
• Delhi HC: Sangeetha Kalra Judgment-Mar-02-2006
• Delhi HC False 498A Basis For Divorce
• Delhi HC Applicant Is Not A Criminal
• Delhi High Court-Justice Dhingra Judgment Feb 23 07
• Delhi HC: Go Beyond Prosecutions Case For Truth
• Delhi HC: Surender Kumar Acquitted 498A
• Delhi HC: Ajay Kumar-vs-Sunita-2007-Divorce No Sexual Relations

The Judgments Of Justice Dhingra:

• The Judgments of Justice SN Dhingra

Judgments On DNA Test:

• Delhi HC – DNA Test-HMA-2008- Justice Vipin Sanghi

Also check the link below. The forum has a great collection of judgments assembled by Suresh.

• Comprehensive index of Judgements From 498A.org

BPRD Compilation Of Judgements On Indian Police Powers:

• Path Breaking Judgments On Indian Police

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Delhi HC: Passport revocation (NRI 498A Case) Oct 2005

This is a case dealing with an NRI and the revocation of his passport.

Link to news article

Before the passport issue, looks like the guy had applied for AB, but I am not sure if it is the same person though the names match. Here is the link to the Raj Kishore Tayal AB Order.

Looks like they issued a red corner notice too. Here is the link to the CBI Interpol site.

Link to Delhi HC Passport revocation judgment

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Delhi HC: Justice JD Kapoor “Make 498A Bailable”

Folks,

Finally found the judgment by Justice JD Kapoor from 2003. He describes the predicament of families facing a 498A accurately.

Here is the link to the news article.

Here is a link to the news article where the desi Taliban were trotted out to protest this judgment, that reflects reality so well.

Here is an excerpt of this judgment:

“Once a complaint is lodged under Sections 498A/406 IPC whether there are vague, unspecific or exaggerate allegations or there is no evidence of any physical or mental harm or injury inflicted upon woman that is likely to cause grave injury or danger to life, limb or health, it comes as an easy tool in the hands of Police and agencies like Crime Agains Women Cell to hound them with the threat of arrest making them run here and there and force them to hide at their friends or relatives houses till they get anticipatory bail as the offence has been made cognizable and non-bailable. Thousands of such c mplaints and cases are pending and are being lodged day in and day out.”

Here is the judgment: Justice JD Kapoor “Make 498A Bailable”

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SC Judgment Defining Rape

Here is the recent judgment by the SC on rape.

An excerpt :

“What constitutes an outrage to female modesty is nowhere defined in IPC. The essence of a woman’s modesty is her sex. The culpable intention of the accused is the crux of the matter. The reaction of the woman is very relevant, but its absence is not always decisive. Modesty in this Section is an attribute associated with female human beings as a class. It is a virtue which attaches to a female owing to her sex. The act of pulling a woman, removing her saree, coupled with a request for sexual intercourse, is such as would be an outrage to the modesty of a woman; and knowledge, that modesty is likely to be outraged, is sufficient to constitute the offence without any deliberate intention having such outrage alone for its object. As indicated above, the word ‘modesty’ is not defined in IPC.”

Here is the judgment: SC Judgment Defining Rape Mar 2007

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SC Judgment On OBC Reservation

What has this got to do with 498A?

The answer is simple, vote bank politics in action.

This is an important judgement/order and a good FYI so I am posting it.

Here is the judgment: SC Judgment On OBC Reservation

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Rajasthan HC: Married Woman Can Live With Her Lover

Here is the article from HT.

I don’t know what to say.

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Hindu Joint Family

I need to dig deeper.

In the mean time, check this out.

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Grounds For Divorce Under Hindu Marriage Act

Here is a link to an old article on Hindu marriage act: An Old Article On Hindu Marriage Act

GROUNDS FOR DIVORCE

A petition for divorce may be presented by either the husband or wife for dissolving the marriage on the following grounds:

That the other party

1. has after the marriage had voluntary sexual intercourse with any other person; or
2. has after the marriage treated the petitioner with cruelty
3. has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition,
4. has ceased to be a Hindu by conversion to another religion,
5. has been incurably of unsound mind or has been continuously or intermittently from a mental disorder that the petitioner cannot reasonably be expected to live with such a person,
6. has been suffering from a virulent and incurable form of leprosy,
7. has been suffering from venereal disease in a communicable form
8. has renounced the world by entering any religious order.
9. Has not been heard of as being alive for a period of seven years or more by persons who would have naturally heard of it, had that party been alive.

• A word of advice on dealing with divorce lawyers. This is the female perspective: http://indiandivorce.blogspot.com/2007/11/on-your-guard-when-dealing-with-divorce.html
• Collection of judgments: SC /HC Judgments On Divorce/498A/Bail/DV
• The 498A Survival Guide: This is a must as a divorce leads to an automatic 498A in quite a few cases.

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Judgements On Passport Revocation/Impoundment

Here are a few judgments that relate to passport impoundment and revocation.

At least one is a 498A.

• Delhi HC 498 Passport Judgment – 2003
• AP HC Passport Judgment-1997
• Uttaranchal HC Passport Revocation Judgment 2005
• Calcutta HC Passport Revocation Judgment 2003

A bunch of guys run a blog and they have some useful info on this topic.

You can check this out here:

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