“This Court, in exercise of power under Article 142(1) of the Constitution of #India, has the discretion to dissolve the marriage on the ground of its irretrievable breakdown. This discretionary power is to be exercised to do ‘complete #justice’ to the parties, wherein this Court is satisfied that the he facts established show that the marriage has completely failed and there is no possibility that the parties will cohabit together, and continuation of the formal legal relationship is unjustified.

Abetment of Suicide after Cruelty Against Women

The latest Supreme Court judgment on 498A in 2022 discussed the nexus between offences under Sections 498A and 306 of IPC in Mariano Anto Bruno v. State, The Supreme Court reiterated that “Court must scrupulously examine the facts and circumstances of the case and also assess the evidence adduced before it in order to find out whether cruelty and harassment meted out to the victim had left the victim with no other alternative but to put an end to her life.

Surendran v. State of Kerala

In Surendran v. State of Kerala, This latest Supreme Court judgment on 498A (2022) reiterated the well settled principle of law that “the evidence tendered by the related or interested witness cannot be discarded on that ground alone. However, as a rule of prudence, the Court may scrutinize the evidence of such related or interested witness more carefully.

Mother-in-law treating daughter-in-law with Cruelty

In case of Meera v. State, 2022 SCC OnLine SC 31, the Supreme Court held that “when an offence has been committed by a woman by meting out cruelty to another woman, ie., the daughter-in-law, it becomes a more serious offence.” It further added that woman meting out cruelty to another woman deserves no leniency. Mother-in-law must protect daughter-in-law, not harass her.

Specific Allegations Against Husband’s Relatives

In case of Kahkashan Kausar v. State of Bihar, The Court held that husband’s relatives cannot be forced to undergo trial in absence of specific allegations of dowry demand. It was further observed through this latest judgment of Supreme Court of India on 498A that “a criminal trial leading to an eventual acquittal also inflicts severe scars upon the accused, and such an exercise must therefore be discouraged.”

No Maintenance Under Domestic Violence Act For “Refusal Or Neglect” To Maintain Wife: Bombay High Court

When no domestic violence is found in a domestic violence case, maintenance cannot be awarded to wife on the ground that husband refused and neglected to maintain her, the Bombay High Court held recently. Justice SG Mehare of Aurangabad bench observed that the concept of “refusal and neglect to maintain wife” given in section 125 CrPC does not exist in the Protection of Women From Domestic Violence Act, 2005 (DV Act).