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Showing posts with the label 498A IPC

Alimony from Previous Divorce Not a Factor in Future Matrimonial Claims

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Alimony from Previous Divorce Not a Factor in Future Matrimonial Claims: Supreme Court  By Abhishek Jat, Advocate In a significant judgment, the Supreme Court of India in Anurag Vijaykumar Goel v. State of Maharashtra & Anr. [2025 LiveLaw (SC) 773] clarified an important aspect of matrimonial jurisprudence: alimony received pursuant to a previous divorce cannot be considered when adjudicating maintenance or alimony claims in a subsequent marriage . The decision was rendered by a bench comprising Chief Justice B.R. Gavai, Justice K. Vinod Chandran, and Justice N.V. Anjaria, who examined complex issues of alimony, irretrievable breakdown of marriage, and criminal proceedings under Section 498-A IPC. Case Background The appeal stemmed from a contentious matrimonial dispute between the appellant (husband) and the second respondent (wife), both of whom had previously undergone divorce and subsequently remarried. However, their second marriage broke down within two years, triggering...

Supreme Court Slams Vague Allegations: Landmark Acquittal in Dowry Harassment Case

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By Abhishek Jat, Advocate Case Title: Rajesh Chaddha v. State of Uttar Pradesh Citation: Criminal Appeal No(s). of 2025 [Arising out of SLP (Crl.) Nos. 2353-2354 of 2019] Bench: Justice Satish Chandra Sharma Factual Matrix The Supreme Court addressed an appeal arising from a protracted dowry-related prosecution, where the appellant, Rajesh Chaddha, had been convicted under Section 498A of the Indian Penal Code (IPC) and Section 4 of the Dowry Prohibition Act, 1961. The complainant, Mala Chaddha, had alleged persistent mental and physical harassment for dowry by her husband and in-laws. The prosecution’s case relied primarily on the testimonies of the complainant and her father, with no corroborative medical or documentary evidence to substantiate the allegations of physical cruelty or miscarriage. Procedural History The trial court acquitted the appellant of charges under Sections 323/34 and 506 IPC due to lack of evidence but convicted him under Section 498A IPC and Section 4 of the...