Section 498-A IPC Nowhere Suggests That It Covers Only Valid Marriage: Madhya Pradesh High Court

Interpreting the language under Section 498-A IPC, Justice Nandita Dubey observed-

Though it is an admitted position that complainant/respondent No.4 was already married and had a living spouse, when she contracted the second marriage with petitioner, however, there is no indication of word ‘valid marriage’ in Section 498-A of I.P.C. The language used therein is ‘husband or relative of husband’. These words not only rope in those who are validly married but also anyone who has undergone some or other form of marriage and thereby assumed for himself the position of husband.

Facts of the case were that the Petitioner was a police constable. As per the prosecution story, the Petitioner was helping the Complainant/Prosecutrix find her husband who went away with their son. Later, the Petitioner and Prosecutrix got married. However, after some time, the Petitioner and his mother refused to treat the Prosecutrix well and therefore she filed a complaint for the offence punishable U/S 498-A IPC. Challenging the same, the Petitioner moved the Court.

The Petitioner submitted before the Court that he was told by the Prosecutrix that she was unmarried and that it was only after their marriage that he found out that she was already married. He argued that due to the said fact, their marriage was void ab initio and therefore, the offence U/S 498-A IPC was not made out. He further pointed out that he had also moved an application before the lower court U/S 12 of Hindu Marriage Act to declare their marriage as void. Thus, he asserted that the criminal proceedings against him be set aside.

Per contra, the State submitted that that the case of cruelty was made out against the Petitioner. It was further argued that till their marriage is dissolved by a competent court, the Prosecutrix would remain to be his legally wedded wife.

Examining the submissions of parties and documents on record, the Court did not agree with the interpretation of Section 498-A put forth by the Petitioner. It noted that the provision doed not distinguish between a valid marriage and otherwise.

The Court decided not to interfere in the matter as it was still under investigation. With the aforesaid observations, it held that no ground for quashing the proceedings against the Petitioner was made out and accordingly, the petition was dismissed.

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