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.

_______________________________

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

_________________________________

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

_________________________