The Jammu & Kashmir High Court ruled that a man
The Jammu & Kashmir High Court ruled that a man and his relatives can be prosecuted for the offence of cruelty under Section 498A of Ranbir Penal Code (RPC) even if the marriage entered into by him with the complainant woman was void.
Karnail Chand and others V/s State of J&K and another
The Court was in the opinion that when a person enters into a marital agreement with a woman, he shall be considered as a ‘Husband’ as contained in section 498A of RPC irrespective of the legitimacy of the marriage.
The respondent woman has presented her complaint before the Police stating her marriage commenced two years back and also has a son born out of the wedlock. She alleged that her husband and relatives used to harass her and was beaten up and thrown out of the matrimonial house.
The Court opined that even if the complainant is not the legally wedded wife of the accused Kuldeep Kumar, petitioners who happen to be the relatives of the accused, as well as the accused, can be prosecuted for an offence under Section 498A of RPC.
A single Judge Bench of Justice Sanjay Dhar, dismissed the petition challenging the FIR lodged for the offence of cruelty under section 498A and directed police to further investigate the matter.
Read Full Judgement Here
