nisols98765 (GRADUATE) 07 September 2014

Section 307 & 498a of ipc

sir, mr. x (my cousin brother) and mrs. x (wife) hey got married in 2005.(love marriage) she belong to a very rich family and the financial position of my brother is mediocre. after some time mr. x wants to put up a business and put some demand for money. the started quarreling. they started hitting each other... on nov.2007 a quarrel started between them. she (wife) threw a shoe at mr x (husband) and he (husband) threw a statue of stone at her. the statue struck at the head and she fell unconscious. mr x(husband) took her to hospital where she was admitted to I.C.U.. her life was saved.

an FIR was registered and during investigation the fact came out that mr x(husband) was already legally married to one roopa 2003.

the charges were framed against mr x(husband) under section 307, 498A of the IPC 1860.

now mr x contending that since his marriage with mrs x is void, thus sec 498A was thoroughly mis conceived as sec 498A pre supposes a valid marriage , besides hitting of the statue was completely accidental and unintentional.

pls suggest some case law and how to handel the case

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9 Replies

T. Kalaiselvan, Advocate (Advocate) 11 September 2014

He cannot claim protection under a false shield of invalid marriage for a wrong thing he done now. In a fit of rage, the exchange of brick bat may be incidental but it cannot be claimed as innocence or excuse. For judgment in this regard you may browse internet.

Sudhir Kumar, Advocate (Advocate) 06 October 2014

given facts do indicate that he is rightly framed.

Further if he believes that he is not married to her the consequences are as under :-

(I) Charge of bigamy as suggested to you on other thread

(II) making a lady to believe to be lawfully wedded [though husband knew marriage to be void] and convince her to live with him for some time [even for one night] the charge of rape is there.

(III) charge of 498a is not frustrated if the husband says that he know to not have been legally wedded.

In this case he demanded money for business. He demanded it from in-laws why? was he not able to raised loan from some other source? was he not credit worthy? was his proposed business illegal? Was his business not commercially viable?

He and when refused started being violent. He knew what he is doing.

Sudhir Kumar, Advocate (Advocate) 06 October 2014

repeated

https://www.lawyersclubindia.com/forum/498a-108599.asp#.VDIi61eO5G0

498A-filed (Advisor) 06 October 2014

Mr. X is right. If he can prove that he was already married, then the charges of 498 A cannot be pressed. He needs to approach the high court u/s 482 crpc with the proof of his legal marriage and pray for the quash stating that wrong sec has been imposed on him. He also needs to contest the imposition of 307 IPC by the police.

498A-filed (Advisor) 06 October 2014

If the lady already knew that Mr X was already married, then the charges of rape will not stand. Consensual s*x between two adults is not rape. It is fun.

& bigamy can only be filed by his first wife.

Mr. X is innocent and he has been wrongly framed. The lady slept with other women's husband and this quarrel is the result of her wrong doing.

And asking loan from family or friends is not illegal.

At best it can be termed as an accident.

I hope this answers your query.

Sudhir Kumar, Advocate (Advocate) 06 October 2014

loan taken by any relative and son-in-law particularly not to be refunded it is merely a donation in the garb of loan. When loan denied dispute started.

498a is misused against innosent person that doe snot mean that it should nto be applied at correct place.