Proceedings U/S 498A IPC By Second Wife Are Not Maintainable, Reiterates Allahabad High Court

The Allahabad High Court reiterated that proceedings under Section 498-A of the IPC by a second wife are not maintainable. The court relied on previous rulings, including Shivcharan Lal Verma v. State of M.P and Shivakumar v. State, to support its decision. The case involved a complaint by a woman who alleged harassment and dowry demands by her husband, Maan Singh, and his family. The court noted that the complainant admitted to being the second wife, which rendered the marriage null and void. Consequently, the court held that the provisions of Section 498-A, which address cruelty by a husband or his relatives, do not apply to a second wife in a void marriage. This decision underscores the legal distinction between valid and void marriages in the context of criminal proceedings under Section 498-A.