Offence Of Cruelty Against Woman U/S 498A IPC Not Attracted If Marriage Annulled By Competent Court: Kerala High Court

The Kerala High Court recently quashed the criminal proceedings initiated against a man and his mother for allegedly committing the offence of cruelty under Section 498A of the Indian Penal Code after noting that there was no valid marriage between him and the complainant in view of the annulment made by a competent court.

Justice C. Pratheep Kumar was considering a plea preferred by the husband and mother-in-law of the de facto complainant seeking to quash the proceedings against them.

The prosecution allegation was the 1^st petitioner/1^st accused married the de facto complainant as per religious rites and while they were living together as husband and wife, he and his mother subjected the de facto complainant to physical and mental cruelty. It is also alleged that they misappropriated 15 sovereigns of gold from the de facto complainant.

The petitioners argued that the marriage between the 1^st petitioner and the de facto complainant was annulled by the Family Court and therefore, the offence under Section 498A will not be attracted.

Relying on P. Sivakumar v. State and older precedents, the Court observed:

“Since in this case, the marriage between the 1st accused and the defacto complainant was annulled by a competent court it is to be held that there was no valid marriage between the 1st accused and the defacto complainant and as such the offence under Section 498A IPC will not lie against the petitioners.”

Thus, the Court allowed the plea and quashed all further proceedings against the petitioners.

Case No: Crl.M.C. No. 6711 of 2021

Case Title: Umesh and Anr. v. State of Kerala and Ors.

Citation: 2026 LiveLaw (Ker) 49

Counsel for the petitioners: T.M. Raman Kartha

Counsel for the respondents: A. Vipin Narayan – Sr. Public Prosecutor

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