A single Judge of Karnataka High Court, after relying on Shivcharan and Sivakumar, held as follows,
From Para 14 and 15,
14. The ratio of these two judgments of the Hon’ble Supreme Court clearly indicates that, if the marriage between the husband and wife ended as null and void, the offence under Section 498-A of IPC cannot be sustained.
15. Admittedly, in the present case, the complainant in her evidence, PW.2 being the mother of PW.1 both have consistently deposed and admitted that, PW.1 is the second wife of the petitioner. Accordingly, the concurrent findings of the Courts below in recording the conviction requires to be set aside.
Kantharaju Vs State of Karnataka on 17 Jul 2023
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