The Orissa High Court recently ruled that a case under Section 498A of the Indian Penal Code (IPC), which deals with cruelty against women, cannot be quashed simply because the marriage is deemed invalid. The court emphasized that dismissing such cases would be unfair to women facing domestic abuse.
Justice G Satapathy, while refusing to dismiss a case filed by a woman who claimed to be the wife of the accused, stated that it would be “harsh” for women if men were allowed to use the excuse of an invalid marriage to avoid liability under Section 498A.
The court was hearing a petition filed by a man who challenged a 2014 Magistrate’s order under Section 498A of the IPC. The woman had filed an FIR accusing the man of physically and mentally torturing her during their time together. She also alleged that his mother mistreated her by denying food and that the man had demanded ₹50,000 from her family.
Even though the Family Court had previously ruled that the marriage was invalid, Justice Satapathy maintained that the woman’s allegations met all the legal requirements for a case under Section 498A. The court added that it would negatively impact women if men could escape liability simply by claiming the marriage was not valid.
The High Court concluded that courts cannot engage in “hair splitting scrutiny” when reviewing such cases and upheld the FIR against the accused. The ruling reinforces the protection of women who enter into marital relationships, even if the marriage is later deemed invalid.
The case was titled Jaga Sarabu Vs State of Orissa and the judgment was delivered on November 29.
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