AKHILESH KESHARI AND 3 OTHERS VS. STATE OF U.P. AND ANOTHER, 2024 (AB) 208
FACTS-The husband and his family members challenged the entire proceeding of the charge sheet as well as summoning order in connection with a case under Sections 498-A, 323, 504, 506 and Section 3/4 D.P. Act.On the other hand, the Counsel appearing for the state argued that for Section 498-A IPC as well as Section 3/4 of the DP Act, strict interpretation regarding the validity of marriage should not be made and liberal consideration should be given to those persons who contracted for marriage and are cohabiting together.Before the High Court, the applicants argued that the proceedings initiated against them were unlawful. They contended that the complainant, who identified herself as the wife of applicant no. 1, was not a legally valid wife as such because applicant no. 1-husband had not obtained a divorce from his first wife and hence, prosecution under Section 498-A IPC and ¾ DP Act against the husband is not maintainable at the instance of such 'second wife' (complainant).
ISSUE- Can Second Wife' claim Maintain Complaint Against 'Husband' U/S 498A IPC?
OBSERVATION-The Allahabad High Court has held that a complaint under Section 498-A (for the offence of cruelty) of the IPC is not maintainable against a husband at the instance of a 'second wife', however, in such cases, the Dowry Prohibition Act, 1961 may get attracted if there is a demand of dowry.Consequently, the Court quashed the proceeding under Section 498-A IPC, however, the proceeding under Section 323, 504, 506 I.P.C. and Section 3/4 of the DP Act was maintained and hence, the plea was partly allowed.
