The Orissa High Court has declared that a case filed under Section 498A of the Indian Penal Code (IPC) cannot be dismissed just because the marriage was not legally valid. The ruling came during a plea to quash criminal proceedings under Section 482 of the Criminal Procedure Code (CrPC).
Justice G. Satapathy, delivering the judgment, emphasized that it would be extremely unfair to women if accused men could escape legal action under Section 498A by simply claiming the marriage was invalid. The Court said such a move would harm women who enter into a marital relationship and later face harassment or desertion.
The case was filed by a man named Jaga Sarabu, who challenged a March 2014 order by a Magistrate that directed proceedings against him under Section 498A IPC. A woman claiming to be his wife had lodged an FIR, stating that she lived with him for over 80 days and was subjected to both physical and mental abuse. She also alleged that his mother denied her food, and that he demanded ₹50,000 from her father.
Although a Family Court had earlier dismissed the woman’s maintenance claim under Section 125 CrPC, citing the marriage as invalid, the High Court observed that the FIR and statements contained enough material to justify a 498A case.
Justice Satapathy pointed out that allowing men to escape liability due to technicalities around marital status would severely impact women’s moral and legal protection. The Court held that such excuses create a “smokescreen” and damage the purpose of laws meant to protect women from cruelty in marriages.
The judge also stated that while using its inherent powers under Section 482 CrPC, a High Court cannot deeply analyze or split hairs over the evidence at this early stage.
As a result, the Court refused to quash the case and upheld the criminal proceedings. The order was passed on 29th November.
Case Title: Jaga Sarabu vs State of Orissa
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