In this judgment from Hon’ble High Court of Bombay, it is held that in a case of CrPC 125, whereby a knife comes begging for maintenance, she has to step into the witness box and depose her evidence. Affidavit of Evidence is not permitted per CrPC 126(2).
The affidavit of evidence filed by the Petitioner vide Exh.17 would have to be discarded. The Respondent however would be entitled to lead her evidence by stepping into the witness box.
Next section here.
Hon’ble High Court of Karnataka held that even though the marriage if deceased and the accused is registered, it is null and void, as the accused is already married to another woman and that marriage was subsiding.
If first wife is alive a second marriage is not permissible in the eye of law
In this case, the knife alleged illicit relationship between the 1st accused and the petitioner herein.
Update: Since there is personal information displayed in the judgment, with due respect to and on request of the parties involved, the address particulars are removed in the below PDF.
Further Update as on 22-08-2020:
Upon further request received on Whatsapp and on call, I decided to oblige the caller and her husband, to remove the name of the petitioner also from the title, tag and pdf judgment.
Citations: [2015 SCC ONLINE KER 2315]
Other Source links: https://indiankanoon.org/doc/29927975/ or https://www.casemine.com/judgement/in/5ac5e3c04a93261a672b6712
Again this judgment from Hon’ble Supreme Court held that a woman living with a married man, can not be called his relative, for the purpose of IPC 498Aa and hence charge of harassment can not be laid on her by knife.
Curious point in this judgment of Hon’ble High Court of Andhra Pradesh, is that
It is true by virtue of marriage between A1 and complainant, the relatives of one side became relatives of both sides in a general sense. However, for the strict construction of penal provision under Section 498A, A6 who was the relative of the complainant, cannot be said to be the relative of the husband of the complainant i.e.A1. For this reason and also for the reason that no allegations of cruelty falling within the meaning of Section 498A IPC and the allegations touching other offences are made against A6, she deserves quashment of the proceedings.
Based on U.Suvetha Vs State By Insp.Of Police & Anr on 6 May, 2009, Hon’ble High Court of Ranchi has held that
since the status of the petitioner does not come within the definition of ‘relative’ as envisaged u/s 498A I.P.C., she cannot be proceeded against for the offences committed under the said section.
Moreover,
So far as the Section 323/ 406 I.P.C. is concerned, allegations have been specifically levelled against other accused persons and in that context also the complaint petition does not reveal any offence so as to prosecute the petitioner in this present criminal case.
Hon’ble Apex Court held that a person who is not a relative of husband, like in this case, Gurmit is the brother of his aunt (chachi), may not be prosecuted for offence under Section 304B IPC but this does not mean that such a person cannot be prosecuted for any other offence viz. Section 306 IPC, in case the allegations constitute offence other than Section 304B IPC.
Hon’ble High Court of Patna held that there is no material against the petitioner to prosecute under 498A/34, 379/34, 494 IPC and 3 of the D.P.Act, hence all proceedings are quashed.
This is a border-case judgment, wherein Hon’ble High Court of Karnataka has held so,
In the above facts and circumstances and with reference to the law as laid down by the apex court, for purposes of Section 498A of the IPC, though it may not be essential that a legally valid marriage is established, it was necessary to establish that the petitioner and the complainant had lived together as husband and wife. In this regard, there is sadly no evidence is forthcoming. Therefore, even the wider definition applied to the expressions ‘husband’ and ‘marriage’ with reference to the decisions of the apex court referred to hereinabove would not come to the aid of the prosecution.
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