Keywords: Section 498-A IPC, Complaint, Second Wife, Conviction, Cruelty, Legal Marriage, Revisional Jurisdiction, Acquittal.
The Karnataka High Court has ruled that a complaint lodged by the second wife against her husband and in-laws under Section 498-A of the IPC is Non maintainable.
Kantharaju, the petitioner, faced convicton by both the trial court and the revision court on charges of cruelty filed against him by his second wife.
Justice S Rachaiah stressed that the prosecution must prove that the complainant (PW.1) and the petitioner were legally married. The absence of such proof should have led the lower courts to consider the evidence suggesting that PW.1 is the petitioner’s second wife. Hence, the complaint against the petitioner under Section 498-A of the IPC should not have been considered.
The complainant asserted that she suffered from paralysis a few years after her marriage, after which the petitioner began harassing her, subjecting her to cruelty and mental torture. She further alleged that she was forcibly removed from her matrimonial home, and her husband even threatened to harm her by setting her on fire.
The petitioner argued that since the complainant is the second wife, Section 498-A of the IPC does not apply, and both lower courts erred in overlooking this crucial aspect.
However, the prosecution contested the plea by stating that the witness testimony established instances of harassment, ill-treatment, and threats directed at the complainant by the petitioner.
The bench, referring to Section 498-A, clarified that “woman” in the definition refers to the legally wedded wife. The evidence provided by PWs.1 and 2 confirmed that the complainant was indeed the petitioner’s second wife.
The bench concluded that the complaint filed by the second wife against her husband and in-laws is not valid. The lower courts erred in applying the legal principles and laws in this case, warranting the High Court’s intervention through its Revisional jurisdiction.
The single-judge bench emphasized that, based on the Apex Court judgment in Shivcharan Lal Verma & Anr. v. State of Madhya Pradesh, if the marriage is null and void, the offence under Section 498-A of the IPC cannot be attracted. In the present case, both PW.1 (the complainant) and PW.2 (her mother) consistently testified and admitted that PW.1 is the petitioner’s second wife. Based on this evidence, the bench overturned the concurrent findings of the lower courts regarding the conviction and the accused was acquitted.
References:
- Live Law, https://www.livelaw.in/high-court/karnataka-high-court/karnataka-high-court-section-498a-ipc-complaint-second-wife-not-maintainable-against-husband-233464, accessed 24 July 2023.
By: Saatvik, BBA LL.B. (Hons.), upcoming law student at Vivekananda Institute of Professional Studies, GGSIPU, Delhi, an intern under Legal Vidhiya.
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