Second Wife Can’t File Cruelty Case Against Husband: High Court

Bengaluru: The conviction of a 46-year-old man under Section 498A (married woman subject to cruelty) of IPC has been put aside by the Karnataka High Court because the complaint was his second wife, making the marriage ‘null and void.’

“Once PW.1 (complainant woman) is considered as the second wife of the petitioner, obviously, the complaint filed against the petitioner for the offence under Section 498-A of IPC ought not to have been entertained,” the single judge bench of Justice S Rachaiah said in the judgement.

“In other words, a complaint filed by the second wife against the husband and her in-laws is not maintainable. The courts below committed an error in applying the principles and also the law in this aspect. Therefore, interference by this court in exercising the revisional jurisdiction is justified,” the judgement stated.

The court was hearing a criminal revision petition filed by Kantharaju, a resident of Vittavathanahalli in Tumakuru district, reported PTI.

In her complaint, the woman had said she was Kantharaju’s second wife and they lived together for five years, and had a son together. After she got paralysed and became incapacitated, Kantharaju harassed her and subjected her to cruelty and mental torture, she claimed.

After the ‘second wife’ lodged a complaint against Kantharaju, the Trial court in Tumakuru found the latter guilty in January 2019. The conviction was confirmed by a Sessions court in October 2019.

Kantharaju then approached the High Court with the Revision petition.