IPC 498a - Conviction Not Sustainable due to Null and Void Marriage Archives

A full bench of Supreme Court held as follows regarding validity of 498A IPC proceedings when the marriage is null and void,

From Para 2,

2. This matter had not been taken up for hearing for this length of time as the judgment of this Court holding Section 306 of the IPC to be unconstitutional, was under re-consideration by the constitution bench. The constitution bench finally disposed of the matter in criminal case No. 274 of 1984 and batch and set aside the earlier judgment of this Court and held that Section 306 is constitutionally valid. In view of the aforesaid constitution bench decision, two questions arise for consideration in this appeal. One, whether the prosecution under Section 498A can at all be attracted since the marriage with Mohini itself was null and void, the same having been performed during the lifetime of Kalindi. Second, whether the conviction under Section 306 could at all be sustained in the absence of any positive material to hold that Mohini committed suicide because of any positive act on the part of either Shiv Charan or Kalindi.

Finally,

There may be considerable force in the argument of Mr. Khanduja, learned counsel for the appellant so far as conviction under Section 498A is concerned, inasmuch as the alleged marriage with Mohini during the subsistence of valid marriage with Kalindi is null and void. We, therefore, set aside the conviction and sentence under Section 498A of the IPC.

Citations : [2002 ACR SC 1 946], [2007 DMC SC 1 120], [2002 JT SC 2 641], [2007 SCC 15 369], [2010 SCC CRI 3 729], [2002 CRIMES SC 2 177], [2002 SUPREME 3 168], [2006 SLT 9 493], [2007 CCR 1 115]

Other Sources:

https://indiankanoon.org/doc/145448/

https://www.casemine.com/judgement/in/5609adbae4b01497114121aa

A division bench of Apex Court relying on landmark 3-judge bench decision here, held as follows,

From Para 5,

5. Mr. S.Nagamuthu, learned senior counsel for the appellants submits that the marriage between the parties has been held to be null and void by the judgment of the High Court of Madras, Madurai Bench by order dated 25.02.2021. He therefore submits that in view of the judgment of this Court in the case of Shivcharan Lal Verma v. State of Madhya Pradesh reported in (2007) 15 SCC 369, the conviction under Section 498-A IPC would not be sustainable.

From Para 7,

7. Undisputedly, the marriage between the appellant No.1 and PW-1 has been found to be null and void. As such the conviction under Section 498-A IPC would not be sustainable in view of the judgment of this Court in the case Shivcharan Lal Verma’s case supra. So far as the conviction under Sections 3 and 4 of the Dowry Prohibition Act is concerned, the learned trial Judge by an elaborate reasoning, arrived at after appreciation of evidence, has found that the prosecution has failed to prove the case beyond reasonable doubt. In an appeal/revision, the High court could have set aside the order of acquittal only if the findings as recorded by the trial Court were perverse or impossible.

P Sivakumar and 2 Ors Vs State of Tamil Nadu on 09 Feb 2023

Citations :

Other Sources:

Shades of Knife

True Colors of a Vile Wife

Tag: IPC 498a – Conviction Not Sustainable due to Null and Void Marriage

Shivcharan Lal Verma and Anr Vs State of Madhya Pradesh on 19 Feb 2002

P Sivakumar and 2 Ors Vs State of Tamil Nadu on 09 Feb 2023