Second Wife Can't Maintain Complaint Against Husband And In-Laws U/S 498A IPC: Karnataka High Court

The Karnataka High Court has said 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.

A single judge bench of Justice S Rachaiah allowed the petition filed by one Kantharaju and set aside the conviction order passed by the trial court and the revision 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 complainant claimed that she was affected due to paralysis few years after marriage and the petitioner started harassing her and subjecting her to cruelty and mental torture. She claimed she was thrown out of the matrimonial home and petitioner threatened to set her ablaze.

The main contention of the petitioner was that, the complainant being the second wife of the petitioner, the offence under Section 498-A of IPC cannot be attracted and both the Courts below have committed error in not considering that aspect.

The prosecution opposed the plea saying witness evidence prove that complainant (PW 1) was harassed, ill-treated and threatened by the petitioner.

The bench referring to the provision 498-A said “Woman, in the said definition means and includes, legally wedded wife. As per the evidence of PWs.1 and 2, it is an admitted fact that the complainant was the second wife of the petitioner.”

The bench held, “The complaint filed by the second wife against the husband and her in-laws is not maintainable. The Courts below committed error in applying the principles and also the law on this aspect. Therefore, interference by this Court in exercising the Revisional jurisdiction is justified.”

Relying on the Supreme Court judgment in the case of Shivcharan Lal Verma & Another v. State of Madhya Pradesh, (2007) 15 SCC 369, the bench said “If the marriage between the husband and wife ended as null and void, the offence under Section 498-A of IPC cannot be sustained. Admittedly, in the present case, the complainant in her evidence, PW.2 being the mother of PW.1 both have consistently deposed and admitted that, PW.1 is the second wife of the petitioner. Accordingly, the concurrent findings of the Courts below in recording the conviction requires it to be set aside."

Accordingly it acquitted the accused.

Case Title: Kantharaju And State of Karnataka

Case No: CRIMINAL REVISION PETITION NO. 1372 OF 2019

Citation: 2023 LiveLaw (Kar) 276

Date of Order: 17-07-2023

Appearance: Advocate Chetan Desai for Petitioner.

HCGP Rahul Rai K for Respondent.

Click Here To Read/Download Order