If husband is beating wife, even neighbor can ask Police to register 498A Case- Landmark SC Judgement.

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Though SC did not say so in open words, this is the meaning of this judgement.

This is a landmark judgement by Supreme Court.

Now even a neighbor can file complaint to police that Husband living in next house is beating his wife.

Common perception is such that only “Wife” can file complaint of 498A IPC.

But no.

Supreme Court says that if any police officer finds that you are ill treating your wife, then without permission of your wife, even police officer can file complaint under 498A of IPC and can punish you through court.

Moral: Don’t ill-treat wife. Adjust with her. Respect and fear her.

If you want to read more details, it is in Supreme Court judgement dated 23/3/2012 Ushaben versus Kishorbhai. It is also reported in 2012 (3) Scale page 594

If you are in possession of property, no one can remove you without DUE PROCEDURE of law

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This point has been argued again and again in many courts.

On 12 March, 2012, three judges of Supreme Court restated law in case of Maria Versus Erasmo

“Possession of past is one thing, and the right to remain or continue to remain in possession in future is another thing”

The three judges have tried to lay down that No one can take law in his own hand. Even a trespasser cannot be dispossessed without recourse to procedure of law.

If you are in possession of property but you have no documents to prove your title, then what?

The Judges said, Two things are separate. Title is one thing. And Right to Continue in possession is different thing.

Judges explained, how even without title of property, you can establish your Right to Remain in Possession in present and in future also.

Those who need more detail can find this judgement dated 21/3/2012 on website of Supreme Court or in 2012(3) Scale page 550

Haresh Raichura
4/9/2012