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Karnataka HC on Second Wife: The Karnataka High Court, during a hearing in a case, said that the second wife cannot complain under Section 498A of IPC i.e. cruelty on the husband and his in-laws. The court, while acquitting the petitioner husband, also wrongly rejected the decision of the lower court and said that such a complaint is not maintainable.
Justice S Rachaiah’s bench was hearing the matter. The court also said that the woman will have to prove that her marriage is legal and that she is his wedded wife. Looking at the evidence, it appears that the complainant woman is the second wife of the accused, therefore, the conviction under Section 498A of IPC i.e. subjecting a married woman to cruelty is quashed as their marriage is not legal.
What is the whole issue?
A woman alleged Kantharaju, a resident of Karnataka, as her husband, that she lived with him for 5 years and had a son, but after a few years of marriage she became paralyzed and Kantharaju died. started troubling him. In the complaint, he was also accused of torture and cruelty. Apart from this, he was also threatened to be thrown out of the house and burnt in the fire.
After this, the trial court convicted Kantharaju and in the year 2019, the sessions court sentenced him. Kantharaju challenged this decision of the court in the Karnataka High Court, after which the court, after hearing both the sides and the evidence, said that the second wife cannot use section 498A for cruelty to husband and in-laws. The court also noted that the trial court erred in the judgment.
Referred to the Supreme Court judgment
Justice referred to the Supreme Court judgment in Shivcharan Lal Verma vs. State of Madhya Pradesh and said that the Apex Court’s judgment is clear that the offense under Section 498A of the IPC is not made out if the marriage between husband and wife is null and void.
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