LI Network
Published on: October 16, 2023 at 16:56 IST
The Kerala High Court has acquitted a man and his family who were previously convicted under Section 498A of the Indian Penal Code (IPC) for cruelty against a deceased woman.
The court’s decision was based on the conclusion that the couple lived together based on a marriage agreement, without their marriage being solemnized, thus exempting them from prosecution under Section 498A IPC.
In this case, the woman and the first revision petitioner began living together as husband and wife, relying on a marriage agreement that lacked legal validity. Tragically, the deceased attempted self-immolation due to alleged ill-treatment by the man’s family and ultimately succumbed to her burn injuries.
The trial court had convicted the man and his family under Sections 498A and 306 IPC, and this conviction was upheld by the appellate court.
Upon examining the validity of the conviction, the Kerala High Court found that there was no evidence to indicate that the marriage between the first revision petitioner and the deceased was solemnized through any religious or customary marriage ceremony.
The court concluded that they lived together as husband and wife based on a marriage agreement without legal validity. Even if the marriage agreement had been registered, it could not serve as a replacement for a legally valid marriage. Therefore, they lived together as husband and wife without a valid marriage document, rendering Section 498A IPC inapplicable, as it only pertains to legally valid marriages.
The court emphasized that a woman could seek legal recourse under Section 498A IPC when there was a legally valid marriage between the parties, either through religious or customary marriage. However, when no marriage solemnization had occurred, and there was only a live-in relationship based on a marriage agreement, Section 498A IPC could not be invoked.
The Kerala High Court cited legal precedents, including the case of Reema Aggarwal vs. Anupam (2004), to clarify that the term ‘husband’ under Section 498A IPC only applies to individuals in marital relationships.
The court also relied on cases like Shivcharan Lal Verma vs. State of Madhya Pradesh (2007) to emphasize the need for a valid marital relationship to establish an offense under Section 498A IPC. Only a legally wedded wife can initiate a cruelty case under Section 498A IPC, the court noted.
Regarding the conviction under Section 306 IPC for abetment of suicide, the court found that the evidence did not support this conviction. There was no indication that the first and fourth revision petitioners had taken any positive action to abet the suicide. Most allegations were directed at the parents (the second and third revision petitioners), who were no longer alive.
In summary, the court concluded that the prosecution had failed to prove the cruelty or abetment to suicide charges against the revision petitioners beyond reasonable doubt. As a result, the criminal revision petition was allowed, and the conviction of the first and fourth revision petitioners was set aside, leading to their release from prison.