Rajan Chauhan, M.A-1st ,3 May :The Supreme Court has held that a man can not escape criminal prosecution for harassing a woman over dowry or other issues merely on the plea that she was not his legally wedded wife.
A bench of Justices Arijit Pasayat and Asok Kumar Ganguly ruled that IPC Sections 304 B (dowry death) and 498A (harassment of woman by husband/family members) would apply even if the husband claims that the woman alleging harassment was not his legally wedded wife.
"It would be appropriate to construe the expression ‘husband’ to cover a person who enters into marital relationship and under the colour of such proclaimed or feigned status of husband subjects the woman concerned to cruelty or coerce her in any manner or for any of the purposes enumerated in the relevant provisions -Sections 304B/498A, whatever be the legitimacy of the marriage itself for the limited purpose of Sections 498A and 304B IPC," the bench observed.
Under Section 494 IPC (bigamy), a Hindu woman/husband can not marry for the second time during the subsistence of the first marriage. Any such subsequent marriage is invalid in the eyes of the law.
The bench passed the ruling while dismissing the appeal filed by Koppisetti Subbharao of Andhra Pradesh who sought to challenge the complaint of harassment filed by a woman claiming to be his wife.
Subba Rao had claimed that complaint against him was not maintainable as the complainant was not his legally wedded wife as he was already married to another woman.
The Andhra Pradesh High Court rejected his plea following which he approached the apex court.
Concurring with the high court’s view, the apex court said a person cannot take shelter behind such arguments as otherwise, it would encourage harassment of women.
"Can a person who enters into a marital arrangement be allowed to take a shelter behind a smokescreen to contend that since there was no valid marriage the question of dowry does not arise? Such legalistic niceties would destroy the purpose of the provisions.
Such hairsplitting legalistic approach would encourage harassment to a woman over demand of money.
"The nomenclature ‘dowry’ does not have any magic charm written over it. It is just a label given to demand of money in relation to marital relationship," the bench said.
The apex court pointed out that when legislature has taken care of children born from invalid marriages, there can not be exception in the case of invalid marriages.
The Supreme Court said, "Section 16 of the Marriage Act deals with legitimacy of children of void and voidable marriages. Can it be said that legislature which was conscious of the social stigma attached to children of void and voidable marriages closed eyes to plight of a woman who unknowingly or unconscious of the legal consequences entered into the marital relationship.
"If such restricted meaning is given, it would not further the legislative intent. On the contrary, it would be against the concern shown by the legislature for avoiding harassment to a woman over demand of money in relation to marriages," the bench observed, while dismissing the appeal.
Dear Sir/Madam,
We got Married 05/03/2002, and have a daughter born 09/07/2005. My wife and she’s family given me 498a/34 IPC, it’s not true case, believe me. My wife are engaged/Affair with a boy his house front of my house, all the matters are know every person in my village, and also they given me written about my character. When my wife goes outside form my house near about 18.6 vory gold and cash 1.20 lack Indian rupees taken. Not taken my daughter, daughter is now in my house. My wife doing the 498a case’s date 31/08/2009 and I arrest 06/09/2009, court give me bail at 19/09/2009 my 1st court date is 16/10/2009 done. Next court date is 04/01/2010 at Barashat court. Some proof (s.m.s., picture with the boy and a c.d.) has me about my wife and the boy that they are in illegal relation. Believe me I and my family love much more to my wife. They (My wife family) are very very poor and live in a bosti, my mother see 1st time and she arrange my marriage, and Mother told me they are very poor so what? After marriage she is my family member, believe me not a single word is wrong. My wife, she’s family and the boy they are misusing this law. Now my wife’s family understands all the affair matter, and they went to understanding with my family. But my wife still now not agree she wants to marry to the boy. I take a lawyer and he told me I do a case about the matter his ph. No is: 033 30127001. I don’t know what happened next? Now I went to punishment the boy. If possible please help me. Please investigate the matter and relief me.
Thanks
With kindest regards,
Dipak Kumar Adhikari
Tegharia(Dhali Para),NandanKanan.
P.O. Hatiara. Kolkata-700059 Email: dipakadhikari_59@yahoo.com PH. 9836149983
W.B. India.