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khushi sharma   13 May 2020

case law

details about the case way Reema Agarwal V. Anupam(2004)
under section 304B


Learning

 1 Replies

Archit Uniyal   13 May 2020

Hi,

 

Supreme Court in Reema Agarwala Vs. Anupam & Ors., 2004 laid down that the validity of a marriage will not act as a bar for a woman to institute a case u/s.498(A) I.P.C.

The court said that the absence of a definition of 'husband' to specifically include such persons who contract marriages ostensibly and cohabitate with such woman, in the purported exercise of his role and status as 'husband' is no ground to exclude them from the purview of Section 304B or 498A IPC, viewed in the context of the very object and aim of the legislation introducing those provisions.
 

You may read these article and the comments for a better understanding of Legal Perspective of the live-in relationship in India:

https://www.lawyersclubindia.com/judiciary/girl-friend-term-relative-of-husband-under-section-498a-625.asp

https://www.lawyersclubindia.com/articles/legal-perspective-of-the-live-in-relationship-3608.asp

https://www.lawyersclubindia.com/forum/valid-marriage-is-necessary-for-attracting-offence-u-s-498a-96962.asp

https://www.lawyersclubindia.com/forum/second-wife-can-also-file-498a-case--11102.asp

 

Regards,
Archit

 


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