The Karnataka High Court in one of its judgments has clearly stated that the second wife cannot file a complaint of cruelty against her husband. Also, the High Court quashed the conviction of a 46-year-old man under Section 498-A (cruelty against married woman) of the IPC as the complaint of cruelty was made by the petitioner's 'second wife'.
What did the Karnataka High Court say?
In this matter, the High Court said that the complaint of cruelty has been filed by the second wife which renders the matter invalid and null and void. A single bench of Justice S.Rachaiya said in the judgment that once the complainant woman is treated as the second wife of the petitioner, it is clear that the complaint filed against the petitioner for the offense under Section 498-A of the IPC cannot be entertained.
The High Court exercised its jurisdiction
The court said that in other words, the complaint filed by the second wife against her husband or in-laws is not maintainable. The lower court has erred in applying the principles and law on this aspect. That is why the Court is making appropriate intervention in this matter by exercising its revisional jurisdiction. The Karnataka High Court was hearing a criminal revision petition filed by Kantharaju, a native of Vittavatahalli in Tumkuru district.
What was the matter?
The complainant claimed in the lower court that she was the second wife of Kantharaju. They lived together for five years and had a son together but later suffered from paralysis which left her disabled. Kantharaju then started his harassment and inflicted cruelty and mental torture. A complaint was made in this matter in 2019 and the session court pronounced the sentence. After 4 years, the High Court canceled the sentence. The court said that the complainant woman has to prove that her marriage to her husband was legal or that she is the legal wife of the complainant. The lower court was required to proceed on the evidence of the complainant and her belief that she was the second wife of her husband until it was proved.
