ALLAHABAD HIGH COURT REITERATES, PROCEEDINGS UNDER SECTION 498A IPC BY SECOND WIFE ARE NOT MAINTAINABLE

The Allahabad High Court in the case Maan Singh And 2 Others vs. State of U.P. and Another observed and has reiterated that proceedings initiated under section 498A for the offence of cruelty of the Indian Penal Code, IPC by the second wife are not maintainable.

The bench headed by Justice Anish Kumar Gupta in the case observed wherein relying upon the Supreme Court ruling in the case of Shivcharan Lal Verma v. State of M.P 2002, Shivakumar and others Vs. State and Allahabad High Court's recent decision in the case of Akhilesh Keshari And 3 Others vs. State of U.P. and Another.

The single judge allowed the Section 482 of Code of Criminal Procedure petition by Maan Singh and 2 others challenging the proceedings of a complaint case under section 498A, section 323, section 504, section 506 of the Indian Penal Code, IPC and 3/4 D.P Act pending in the Court of CJM Kaushambi.

Background of the Case: It has been alleged in the complaint that the marriage between applicant no. 1 i.e., Maan Singh and opposite party no. 2 took place in April 2012, and initially, there were no disputes for four years. After the said period, Singh reportedly began to harass opposite party no. 2 for dowry while expressing his dissatisfaction with the gifts received.

After that, since her father facilitated a settlement, they continued living together.

In October 2016, the applicants forced her into a car and told her to bring 2 lakh and a car from her maternal home.