Karnataka High Court Upholds Section 498A Applicability to Void Marriages and Live-In Relationships

Court Orders Transfer of Parallel Proceedings to Avoid Conflicting Judgments

In a landmark judgment, the Karnataka High Court has ruled that the provisions of Section 498A of the Indian Penal Code, which pertains to cruelty against women by their husbands or relatives, are applicable even in cases involving void or voidable marriages, as well as live-in relationships that resemble marriage. The judgment was delivered by Justice Suraj Govindaraj in the case of Dr. Lokesh B H v. State of Karnataka, addressing two criminal petitions filed by the petitioner, Dr. Lokesh B H.

The petitioner sought to quash criminal proceedings initiated against him under various sections of the IPC, including Section 498A, across two different courts in Karnataka. The petitioner contended that since his marriage with the complainant was void due to his prior marriage, Section 498A should not apply.

The court rejected this argument, emphasizing that the legislative intent of Section 498A is to prevent cruelty against women, irrespective of the legal validity of the marriage. Justice Govindaraj stated, "The term 'husband' must be given a purposive and expansive construction to achieve the legislative intent of preventing cruelty against women."

Furthermore, the court addressed the issue of parallel prosecutions for the same offense in different courts. It ordered the transfer of proceedings from the III Additional Civil Judge in Shivamogga to the 24th Additional Chief Metropolitan Magistrate in Bengaluru to ensure a consolidated trial and avoid conflicting judgments.

The judgment also clarified that statements made by the complainant, who survived an alleged attempt on her life, do not need to adhere to the standards of a dying declaration, as they pertain to an ordinary witness statement rather than one made by a deceased individual.

This decision is expected to have significant implications for similar cases where the validity of a marriage is in question, reinforcing the protective scope of Section 498A to include various types of domestic relationships characterized by cruelty.

Bottom Line:

Section 498A IPC applies not only to legally valid marriages but also to void, voidable marriages, or relationships in the nature of marriage, provided the essential ingredients of cruelty are satisfied.

Statutory provision(s): Section 498A IPC, Section 482 Cr.P.C., Section 32(1) Indian Evidence Act (now Section 26(1) Bharatiya Sakshya Adhiniyam, 2023), Section 3 and 4 Dowry Prohibition Act.

Dr. Lokesh B H v. State of Karnataka, (Karnataka) : Law Finder Doc Id # 2814171