Allahabad High Court prohibits section 498A IPC complaint by alleged ‘second wife.’ Petitioner Akhilesh Keshari and family contest multiple charges.
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Prayagraj: The Allahabad High Court has issued a judgment stating that a complaint under section 498A of the Indian Penal Code (IPC), which deals with cruelty by a husband or his relatives towards his wife, cannot be filed against a husband by a woman asserting to be his “second wife”.
The petitioner, identified in court documents as Akhilesh Keshari, along with three family members, contested the legal proceedings initiated against them, which included charges under IPC sections 498A (cruelty), 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of the peace), and 506 (criminal intimidation), as well as sections 3/4 of the Dowry Prohibition Act, 1961.
The complainant, who identified herself as Akhilesh Keshari’s wife. The petition emphasized that the woman’s claim to be the wife was not legally valid, as Keshari had not obtained a divorce from his first wife, rendering any prosecution under the aforementioned sections untenable at her instance.
During the proceedings, Justice Arun Kumar Singh Deshwal, presiding over the case, carefully considered the legal nuances presented. Ultimately, the court concluded that as per Hindu law, the marriage to the second wife being null and void, the complaint under IPC section 498A alleging cruelty cannot be maintained based on her claim.
However, the court clarified an important aspect concerning the Dowry Prohibition Act, 1961. It highlighted that the Act could still be applicable in cases where there is an allegation of dowry demand.
The court stated-
“the main ingredients of the section is giving, taking or demanding dowry by any person and dowry demanded before marriage is also punishable.”
This delineation provides a pathway for action under the Dowry Prohibition Act even when the prosecution under IPC 498A is deemed non-maintainable due to the invalidity of the marriage.
Supporting its decision, the court referred to a pivotal Supreme Court judgment, which established that if a marriage is null and void, then prosecution under IPC section 498A against the husband cannot be pursued by the alleged wife. This precedent reinforces the court’s stance on the matter, emphasizing the need for legal recognition of marital status in proceedings related to marital cruelty and dowry disputes.
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Furthermore, the State’s counsel argued for a liberal interpretation of the marriage’s validity under IPC section 498A and the Dowry Prohibition Act, advocating for consideration of individuals who have entered into marriage and are cohabiting.