Monthly Archives: November 2007

YA Ajit Vs Sofana Ajit – Appeal (civil) 4110 of 2007

Y Abraham Ajit’s earlier case ref. Y. Abraham Ajith and Ors. v. Inspector of Police, Chennai and Anr. (2004 (8) SCC 100), is a cornerstone case on Criminal jurisdiction – especially 498a cases.  Now Abraham Ajit seems to be continuing his saga at the civil / family court

y-abraham-ajit-vs-sofana-ajit-civil-matrimonial-case-appeal-_civil_-4110-of-2007.pdf

A failed marriage is not a crime however,……

“….A failed marriage is not a crime however, the provisions of Section 498A are being used to convert failed marriages into a crime and the people are using this as tool to extract as much monetary benefit as possible.

In many cases, where FIRs are filed under Section 498A IPC, petitions are being filed under Section 482 Cr.P.C. for quashing of FIRs after settlements between the parties and the allegations made of cruelties etc. are withdrawn the moment a lump sum payment is received.

Involving each of the family members of the husband is another arm in the armory of the complainants of failed marriages. Not only close relatives but distant relatives and even neighbours are being implicated under Section 498A and other provisions of IPC in cases of failed marriages.

The Courts must be very cautious during trials of such offences. In all these cases in the name of investigation, except recording statement of complainant and her few relatives nothing is done by police.

The police does not verify any circumstantial evidence nor collect any other evidence about the claims made by the complainant. No evidence about giving of dowry or resources of the complainant’s family claiming spending of huge amounts is collected by the police. This all is resulting into gross misuse of the provisions of law. …”

more below :

microsoft-word-narendra-kumar-and-anr-vs-state-of-delhi.pdf