The Allahabad High Court has declared that a complaint filed under Section 498A of the Indian Penal Code, which concerns cruelty inflicted by a husband or his relatives against his wife, cannot be upheld against a husband when brought forward by a "second wife.".

However, in such instances, the Dowry Prohibition Act of 1961 may become relevant if there is a demand for dowry, as stated by the court.

The court was addressing a petition asserting that the individual identifying herself as the wife of Akhilesh Keshari lacked legal standing as a wife since he had not obtained a divorce from his first spouse.

Therefore, the plea argued that prosecution under Indian Penal Code (IPC) section 498A and sections 3/4 of the Dowry Prohibition Act against the husband is not sustainable when initiated by a woman claiming to be the "second wife."

Justice Arun Kumar Singh Deshwal, in his ruling on March 28, partially granted the petition filed by Keshari and three others.

Keshari and his family members had contested the charge-sheet and summoning order issued by the court in connection with a case involving IPC sections 498A, 323, 504, and 506, as well as sections 3/4 of the Dowry Prohibition (DP) Act. Their petition asserted that the proceedings initiated against them were unjust. The State's counsel argued that for IPC section 498A and sections 3/4 of the DP Act, a lenient interpretation regarding the validity of marriage should be applied, considering individuals who entered into marriage contracts and are living together.

The court based its decision on a Supreme Court precedent, wherein it was established that if the marriage is deemed null and void, then prosecuting the husband under IPC section 498A at the behest of the purported wife is not permissible.

The high court clarified that according to Hindu law, a second marriage is considered null and void. Consequently, prosecuting under IPC section 498A is not feasible. However, under sections 3/4 of the Dowry Prohibition Act, prosecution remains viable as the key elements pertain to the giving, taking, or demanding of dowry by any individual, and even the demand for dowry before marriage is punishable, the court elucidated.