Section 498A IPC Applicable Even If Marriage Is Declared Invalid Subsequently: Delhi High Court
The Delhi High Court yesterday ruled that Section 498A of Indian Penal Code, 1860, which criminalises cruelty by a husband or his relatives toward a married woman, will be applicable even if marriage between the parties is subsequently declared invalid.
“Considering the purposive interpretation of the definition of the Husband to cover persons who enter into marital relationships, even if their marriage is subsequently declared technically invalid, Section 498A IPC would still be applicable,” Justice Neena Bansal Krishna said.
The Court was dealing with a husband's plea seeking quashing of an FIR registered against him and his children by the second wife.
The woman was married earlier and had kids. She approached the petitioner, an advocate, for legal assistance in obtaining divorce.
Meanwhile, she and the petitioner allegedly performed a marriage ceremony in 2007 at an Arya Samaj Mandir, while her first marriage was still subsisting. They lived together for several years. An ex-parte divorce decree was granted to her qua her first marriage in 2010.
The woman later lodged complaints against the petitioner alleging dowry harassment, misappropriation of jewellery valued at Rs. 40 lakh and unauthorized withdrawals from a joint bank account.
In 2022, the Family Court declared the alleged marriage between her and the petitioner void under Section 11 of the Hindu Marriage Act, noting that her earlier marriage dissolved only in 2010.
The parties approached the High Court seeking quashing of the FIR, chargesheet and summoning order, arguing that there was no valid marriage.
It was contended that the allegations were false, vague and motivated and that the case was filed to harass and extort.
Justice Krishna relied upon the Supreme Court ruling in Reema Aggarwal v. Anupam wherein it was held that absence of a definition of “husband” specifically include persons who contract marriages ostensibly and cohabit with a woman, in the purported exercise of their role and status as “husband” and that nullity of such relationship is no ground to exclude them from the purview of 498A IPC.
The Court observed that even though the marriage of the parties was subsequently declared a nullity, it cannot be overlooked that after their marriage they lived as husband and wife. It further noted that the allegations in the FIR were essentially pertaining to the time they were in the relationship of husband and wife.
“Pertinently, at that time the marriage had not yet been declared null and void by the Ld. Family Court which was so declared only on 05.05.2022.
Therefore, the Petitioner cannot seek any avoidance from the offence under Section 498A IPC, on this ground,” the Court said.
However, the Court proceeded to quash the FIR and chargesheet, noting that there was not an iota of even a prima facie case of cruelty or of harassment of the Complainant by the Petitioner.
The judge said that the allegations were vague, general, and omnibus in nature, focusing primarily on unsubstantiated claims and broad threats without specific dates or circumstances.
“Thus, the essential ingredients of Section 498A IPC are not made out from the Complaint made by Respondent No.2. The entire Complaint and the evidence collected during the investigations in the present matter, even if admitted in toto, would not be enough to prove an offence under Section 498A IPC,” the Court said.
Title: OM SARAN GUPTA v. STATE OF NCT OF DELHI