INDIA AGAINST 498a by Bijay Singh

  Suresh, 42, travels every other Saturday from Boisar to Bandra, hoping to see his 10-year-old daughter. He is a non-custodial parent engaged in a matrimonial dispute and his child’s custody is with his wife.  For the last two years, he has not seen his daughter. Recent information procured by another parent Vipul under the Right to Information Act reveals that there are over 176 non-custodial parents (NCP) in the city who are allowed access to their children only in the Children Complex room situated on the third floor of the Bandra Family Court. The information was sought by the Tardeo parent, who is fighting a case of restitution of conjugal rights and wants his wife to return.  He has a five-year-old son he has not seen in two years. He says, “My wife works and stays in Vasai. I want to meet my son and don't want him to be deprived of the love he deserves. I have no say in his matters. The NCP gets limited access - we can’t take our children for outings or to our pla...

  REPORTABLE   IN THE SUPREME COURT OF INDIA   CRIMINAL APPELLATE JURISDICTION   CRIMINAL APPEAL   NO.   1277   OF 2014  (@SPECIAL LEAVE PETITION (CRL.) No.9127 of   2013)                            ARNESH   KUMAR........................ APPELLANT   VERSUS                                                STATE OF BIHAR & ANR.............. RESPONDENTS   J U D G M E N T   Chandramauli Kr. Prasad     The petitioner apprehends his arrest in a case under Section 498-A of the Indian Penal Code, 1860 (hereinafter called as IPC) and Section 4 of the Dowry Prohibition Act, 1961. The maximum sentence provided under Section 498-A IPC is imprisonment for a term which may extend...

For most suffrers of 498A, a quash petition sounds like the perfect solution to their problem. The FIRs in most cases are a pack of lies and people think, that by approaching the High Court with a quash petition, the HC will run through the petition and a quash order will follow. Lawyers often guide the victims of 498a along this path where husbands family is dragged unnecessarily. The definitive judgment for a quash petition is the State of Haryana Vs. Bhajan Lal, 1992. In this judgment, the Supreme Court laid out certain category of cases by way of illustrations wherein the inherent power under Section 482 of the Code can be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice. Here are the categories of cases in which the High Court can exercise its powers to quash a petition Where the allegations made in the first information report or the co...