38.6c New Delhi, India, Thursday, October 09, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Allahabad High Court reiterates second wife cannot maintain proceedings under Section 498-A IPC [Read Order]

By Saket Sourav      14 October, 2024 10:38 AM      0 Comments
Allahabad High Court reiterates  second wife cannot maintain proceedings under Section 498 A IPC

Allahabad: The Allahabad High Court has delivered a significant judgment reaffirming that proceedings under Section 498-A of the Indian Penal Code (IPC), which deals with the offence of cruelty against a woman by her husband or his relatives, are not maintainable when filed by a second wife. Justice Anish Kumar Gupta, while quashing criminal proceedings in a case, made important observations on the legal validity of such complaints.

Section 498-A IPC Not Applicable to Second Marriages Declared Void by Law, Rules Allahabad High Court

The court addressed a case where a woman, who was admittedly the second wife of the accused, had filed a complaint under Section 498-A IPC and the Dowry Prohibition Act. The court noted, “Since, from the facts, it is admitted that the opposite party no. 2 is the second wife of the applicant herein, she is not competent to maintain the proceedings against the applicant for offences under Section 498-A IPC.”

Court Quashes Criminal Proceedings, Cites Supreme Court Judgments on Validity of Second Wife’s Complaints

Addressing the legal framework, the court observed, “Since the marriage of applicant no. 1 and opposite party no. 2 was a nullity, the provisions of Section 498-A IPC would not be applicable.” The court emphasized prior Supreme Court rulings, stating, “The aforesaid view is fully supported by the law laid down by the Hon’ble Apex Court in Shivcharan Lal Verma v. State of M.P., (2007) 15 SCC 369. The view taken in Shivcharan Lal Verma has also been reiterated by the Apex Court in P. Shivakumar and others vs. State, Criminal Appeal Nos. 1404-1405 of 2012.”

Based on this legal position, the court quashed the proceedings under Section 498-A IPC. The court also examined the applicability of the Dowry Prohibition Act, noting, “From the plain reading of the aforesaid provision, dowry means any property or valuable security given or ‘agreed to be given’ in connection with the marriage of the parties.” The court found that, in this case, the allegations did not meet the criteria for offences under the Dowry Prohibition Act.

The court further addressed other charges in the complaint, stating, “As for the allegations of harassment and torture, it is relevant to note that there is no specific allegation, only general and vague claims made by opposite party no. 2, without specifying who actually assaulted her and when. Therefore, in the court’s considered opinion, offences under Sections 323, 504, and 506 IPC are also not applicable in this case.”
[Read Order]



Share this article:

About:

Saket is a final-year law student at The National Law University and Judicial Academy, Assam. He has...Read more

Follow:
Linkedin


Leave a feedback about this
Related Posts
View All

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

"No Loudspeakers For Azan, No Fundamental Right To Create Noise," Says Allahabad HC To Two Mosques [Read Judgment] "No Loudspeakers For Azan, No Fundamental Right To Create Noise," Says Allahabad HC To Two Mosques [Read Judgment]

Further reasoning of the court was based on consideration of the fact that a mixed population resides in that area, comprising Hindus and Muslims both, which lead to the tension between both the groups regarding the use of loudspeakers.

Allahabad High Court to Hear Ghazipur MPs Plea against Ban on Azaan Allahabad High Court to Hear Ghazipur MPs Plea against Ban on Azaan

Hence, although an ongoing religious practice, the use of loudspeakers in the performance of Azaan remains a debatable question.

There is NO minority in India currently: Former Justice SN Srivastava, Allahabad HC There is NO minority in India currently: Former Justice SN Srivastava, Allahabad HC

"Explore former Justice SN Srivastava's statement on the minority status in India, as he discusses the evolving dynamics of religious and cultural representation in the country.

TRENDING NEWS

pmla-appellate-tribunal-orders-immediate-release-of-seized-bmw-x7-in-hemant-soren-land-scam-case
Trending Crime, Police And Law
PMLA appellate tribunal orders immediate release of seized BMW X7 in Hemant Soren land scam case [Read Order]

PMLA tribunal orders ED to release seized BMW X7 in Hemant Soren land scam case, citing lack of proof linking the luxury car to money laundering.

08 October, 2025 08:06 PM
offence-under-category-of-upholding-family-prestige-sc-orders-release-of-man-on-remission
Trending Judiciary
'Offence under category of upholding family prestige,' SC orders release of man on remission [Read Judgment]

SC orders immediate release of life convict who served 22 years for a murder committed to uphold family honour, citing Maharashtra remission guidelines.

08 October, 2025 08:19 PM

TOP STORIES

allahabad-hc-refuses-interim-protection-to-sambhal-mosque-asks-petitioners-to-approach-appellate-court
Trending Judiciary
Allahabad HC Refuses Interim Protection to Sambhal Mosque, Asks Petitioners to Approach Appellate Court [Read Order]

Allahabad High Court refused interim protection to Sambhal mosque, directing petitioners to seek remedy before the appellate court under UP Revenue Code.

06 October, 2025 04:48 PM
calling-off-marriage-after-courtship-not-a-crime-or-breach-of-promise-delhi-hc
Trending Judiciary
Calling Off Marriage After Courtship Not A Crime Or Breach Of Promise: Delhi HC [Read Order]

Delhi High Court grants bail, ruling that ending marriage plans after courtship is not a breach of promise or offence under false promise to marry.

06 October, 2025 05:03 PM
celebrating-bail-on-social-media-not-ground-for-cancellation-without-specific-threat-to-complainant-delhi-hc
Trending Judiciary
Celebrating Bail On Social Media Not Ground For Cancellation Without Specific Threat To Complainant: Delhi HC [Read Order]

Delhi HC rules that celebrating bail on social media isn’t grounds for cancellation unless a specific threat or intimidation is proven.

06 October, 2025 05:25 PM
woman-cannot-claim-maintenance-after-securing-rape-conviction-against-live-in-partner-jammu-and-kashmir-hc
Trending Judiciary
Woman Cannot Claim Maintenance After Securing Rape Conviction Against Live-In Partner: Jammu & Kashmir HC [Read Order]

J&K High Court held that a woman who secured a rape conviction against her live-in partner cannot claim maintenance under Section 125 CrPC.

06 October, 2025 06:08 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email