Matrimonial Law
Mode of Citation- ILC-2017-SC-MAT-....
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Matrimonial Law
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Matrimonial Law
Mode of Citation- ILC-2017-SC-MAT-....
Judgement Subject Index/Important Decision/Topic

ILC-2009-SC-MAT-Jul-2

Bhaskar Lal Sharma Vs. Monica

Head Note

Indian Penal Code,1860  - Section 304-B , Section 498-A

Cruelty - Sections 304-B and 498-A Indian Penal Code cannot be held to be mutually inclusive - These provisions deal with two distinct offences - It is true that cruelty is a common essential to both the sections and that has to be proved. (2008)11 SCC 55 relied.

Indian Penal Code,1860  - Section 405 , Section 406

Allegations by wife that gifts given to her husband and parents at the time of marriage were misappropriated by them - No offence made out - Held - Any gift made to the bridegroom or his parents - Whether in accordance with any custom or otherwise also would not constitute any offence under Section 406 of Indian Penal Code.

Indian Penal Code,1860  - Section 405 , Section 406

Wife filing complaint against husband that he misappropriated her dowry articles - Contention of husband, that he had given back to complainant's parents entire clothes and jewellery and also offered of Rs. 25 lakhs for grant of divorce by mutual consent as compensation to the complainant, which is three times of the amount of the value of 'Streedhana' and/or amount spent by the complainant's father - It per se does not constitute any offence under Section 406 Indian Penal Code - Criminal proceedings quashed.

Indian Penal Code,1860  - Section 498-A

Cruelty to wife - The essential ingredients of offence under Section 498A Indian Penal Code are - 1. A woman must be married. 2. She must be subjected to cruelty. 3. Cruelty must be of the nature of : (i) Any wilful conduct as was likely to drive such woman: a. To commit suicide: b. Cause grave injury or danger to her life, limb, either mental or physical; (ii) Harassment of such woman, (1) With a view to coerce her to meet unlawful demand for property or valuable security, (2) or on account of failure of such woman or by any of her relation to meet the unlawful demand, (iii) Woman was subjected to such cruelty by: (1) husband of that woman, or (2) any relative of the husband.

Matrimonal Law  - Matrimonial Law

Matrimonial Law - Definition of Stridhana - Properties gifted to girl before marriage , at the time of marriage or at the time of giving farewell or thereafter are Girl's absolute properties with all rights to dispose at her own pleasure - Husband has no control over her stridhana property - Husband may use it during the time of his distress but nonetheless he has a moral obligation to restore the same or its value to his wife - Stridhana property does not become a joint property of the wife and the husband.

The Code of Criminal Procedure, 1973  - Section 405 , Section 406

Criminal breach of trust - Wife filing complaint against her husband, mother-in-law and father-in-law alleging misappropriation of dowry articles - Complaint did not show any entrustment to husband and father-in-law - Allegation against mother-in-law that she had taken all the gifts and cash which was given by guests - Technically, this allegation would attract the definition of breach of trust within the meaning of Section 405 of the Indian Penal Code - Criminal proceedings against husband and father-in-law quashed except mother-in-law - Case under Section 406 Indian Penal Code made out against mother-in-law only.

Topic(s)-Criminal breach of trust , Definition of Stridhana , Cruelty to wife







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