Title: Kantharaju And State of Karnataka
Decided on: 17 July 2023
Case No: CRIMINAL REVISION PETITION NO. 1372 OF 2019
CORAM : HON’BLE JUSTICE S RACHAIAH
INTRODUCTION
In this case, the Karnataka High Court put forward that a complaint under Section 498-A (cruelty) of the Indian Penal Code, filed by the second wife against the husband and her in-laws is not maintainable.
FACTS OF THE CASE
The case involves a complaint filed by the complainant against the petitioner, who is her husband and she is his second spouse. Initially, their marriage was harmonious, and they had a male child. However, after the complainant faced health issues, including paralysis, the petitioner began to harass her mentally and subject her to cruelty. He used abusive language, evicted her from their matrimonial home, and forced her to live on her own by running a petty shop. The petitioner even threatened to harm her and burn down the shop if she continued running it. Unable to tolerate the petitioner’s cruel behaviour, the complainant lodged a complaint with the jurisdictional authorities. he trial court convicted the petitioner under S. 498A of IPC. Later on the case was filed by the petitioner in High Court.
COURT’S ANALYSIS AND DECISION
The court allowed the petition filed by one Kantharaju and set aside the conviction order passed by the trial court convicting him for section 498-A on the complaint filed by his second wife.
The bench said, “The prosecution has to establish that the marriage of PW.1 (complainant) is legal or she is the legally wedded wife of the petitioner. Unless, it is established that she is the legally wedded wife of the petitioner, the Courts below ought to have acted upon the evidence of PWs.1 and 2 that PW.1 was the second wife. Once PW.1 is considered as second wife of the petitioner, obviously, the complaint filed against the petitioner for the offence under Section 498-A of IPC ought not to have been entertained.”
The bench further elaborated that the provision 498-A said “Woman, under it means and includes, legally wedded wife. It is an admitted fact that the complainant was the second wife of the petitioner.”
Hence it was held by the court, the complaint filed by the second wife against the husband and her in-laws is not maintainable under the court of law.
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Written by- Shreya Sharma
