Key Points
The Allahabad High Court has held that a complaint under Section 498-A (offence of cruelty by a husband or his relatives against his wife) of the IPC was not maintainable against a man at the instance of his second wife..
Keshari and his family members had challenged the entire proceeding of a charge sheet, as well as a summoning order, in connection with a case under sections 498-A, 323, 504 and 506 of the IPC and section 3/4 of the Dowry Prohibition Act..
Hence, prosecution under Section 498-A IPC and of the DP Act against the husband was not maintainable at the instance of the woman claiming to be the petitioners second wife. ..
The court relied upon the Supreme Courts judgment in the case of Shivcharan Lal Verma vs the State of MP wherein it was held that if the marriage itself was null and void, then prosecution under Section 498-A IPC against the husband was not maintainable at the instance of the alleged wife..
However, under Section 3/4 of the DP Act, prosecution is maintainable as the main ingredients of the section is giving, taking or demanding dowry by any person and dowry demanded before marriage is also punishable..
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