Complaint under Section 498A is maintainable even if marriage is void: Jammu and Kashmir
The Jammu and Kashmir high court held that, the complainant woman’s marriage with a man is void, the man and his family could still be prosecuted for offence under Section 498A of the Ranbir Penal Code(RPC).
The bench of Justice Sanjay Dhar held that when a person enters into a marital arrangement with a woman, the man ja covered by the definition of “Husband” as subjected in Section 498-A (RPC). The petitioners before the court challenged the FIR for offence under Section 498A, which was filed by the respondent complainant woman, who claimed that she is the wife of Kuldeep Kumar. The respondent woman alleged in her complaint that she had entered into wedlock with Kuldeep kumar and that her husband and relatives used to harass and were extremely cruel to her in the sense that she was beaten up and thrown out of her matrimonial home. It was also alleged that Kuldeep is working in the army, but the lady was not being paid any maintenance and the allegations regarding demands of dowry items was also made.
Relying on he previous judgment by the Supreme Court, the court held that the allegations made in the subject FIR Prima Facie constituted an offence, under Section 498A RPC, against the accused Kuldeep Kumar.