Kerala High Court declares marriage void, quashes cruelty charges against husband
By Deepu Mohan | First Published Nov 2, 2024, 2:32 PM ISTThe Kerala High Court has ruled that Section 498A of the Indian Penal Code, which protects women from cruelty by their husbands or in-laws, doesn't apply if the marriage is void. This decision came after a 47-year-old man from Thiruvananthapuram petitioned to quash a case filed by his wife alleging cruelty.
Kochi: The Kerala High Court has determined that an offence under Section 498A of the Indian Penal Code (IPC)—which pertains to cruelty towards a woman by her husband or his relatives—does not apply if the marriage in question is deemed void. Justice A. Badharudeen issued this ruling in response to a petition filed by a 47-year-old resident of Thiruvananthapuram, who sought to quash a case initiated against him based on complaints from his wife.
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The petitioner’s marriage, which took place in 2009, came under scrutiny when his wife filed a police complaint in 2010 alleging cruelty by her husband and his family. A charge sheet was subsequently filed in 2011. However, in March 2013, the family court in Kollam declared the marriage void, ruling that the complainant's previous marriage was still valid.
Following this ruling, the petitioner approached the High Court to dismiss the case and proceedings under Section 498A. The family court’s judgement that the marriage was invalid was a key factor in the High Court’s decision. The bench noted that without a legally recognized marriage, the petitioner could not be regarded as the 'husband,' thereby rendering the application of Section 498A inapplicable.
As a result, the High Court quashed the case and all related court proceedings. Under Section 498A, a husband or his relatives found guilty of subjecting a woman to cruelty may face imprisonment of up to three years and a fine.
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