Karnataka HC on Second Wife: Through the listening to of a case, the Karnataka High Court mentioned that the second spouse can’t complain towards the husband and his in-laws underneath part 498A of IPC ie cruelty. Whereas acquitting the petitioner husband, the courtroom additionally upheld the decrease courtroom’s resolution and mentioned that such criticism isn’t maintainable.
Justice S Rachaiah’s bench was listening to the matter. The courtroom additionally mentioned that the girl should show that her marriage is authorized and that she is his wedded spouse. Wanting on the proof, evidently the complainant girl is the second spouse of the accused, therefore the conviction underneath part 498A of IPC i.e. cruelty to a married girl is quashed as their marriage isn’t authorized.
What’s the complete matter?
A girl alleged that Kantharaju, a resident of Karnataka, was her husband and that she lived with him for five years and had a son, however after just a few years of marriage she turned paralyzed and Kantharaju began harassing her. In the criticism, he was additionally accused of torture and cruelty. Aside from this, he was additionally threatened to be thrown out of the home and burnt within the hearth.
After this, the trial courtroom convicted Kantharaju and within the 12 months 2019, the classes courtroom sentenced him. Kantharaju challenged this resolution of the courtroom within the Karnataka High Court, after which the courtroom, after listening to each the edges and the proof, mentioned that the second spouse can’t use part 498A for cruelty to husband and in-laws. The courtroom additionally mentioned that the decrease courtroom made a mistake in its resolution.
Supreme Court’s resolution was additionally talked about
Justice referred to the Supreme Court’s resolution within the case of Shiv Charan Lal Verma vs. State of Madhya Pradesh and mentioned that it’s clear from the choice of the Apex Court that if the wedding between husband and spouse is null and void then the offense underneath Section 498A of IPC isn’t made out.
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