S.498A IPC | Circular Barring Husband From Seeking Govt Employment Due To Wife's Pending Cruelty Case Violates Article 14, 21: Rajasthan HC

The Jodhpur bench of the Rajasthan High Court set aside order rejecting candidature of the petitioner based on pending cruelty case under Section 498A IPC, ruling that at best the petitioner was "merely an under trial" and his fate is yet to be determined based on the trial's outcome. Furthermore, the court noted that a mere break down of marriage could not be treated as if the husband was the "sole erring party" just because his wife pressed criminal charges against him which were yet to be proved.Perusing the order rejecting the petitioner's candidature, Justice Arun Monga said, "Prima facie, having seen the impugned order dated 08.03.2024 which is being termed as a speaking order, it is anything but speaking. It does not clarify as to how the nature of pending criminal trial in any manner impeached the duties to be performed by the petitioner and/or how does it amount to a moral turpitude without there being any finding of facts and or criminal culpability. At best, the petitioner is merely an under trial and his fate is yet to be governed depending on the outcome of the trial. Furthermore, possibility of a compromise between husband and wife cannot be ruled out at subsequent stage. Be that as it may, mere break down of a marriage cannot be treated as if the husband is the sole erring party just because his wife has chosen to press criminal charges against him, which are yet to be proved".The court rejected the respondents argument that since the charge-sheet has been filed, the petitioner does not deserve to be appointed. It said, "Despite allegations under IPC Sections 498A(cruelty), 406(criminal breach of trust), 323(Punishment for voluntarily causing hurt), and 494(Marrying again during lifetime of husband or wife), the petitioner is presumed innocent until proven guilty". The court observed that the order was unjustly bars his appointment based solely on pending criminal charges, thereby infringing on petitioner's rights under Articles 14 and 21 of the Constitution, denying equal treatment and personal liberty without a fair trial.The petitioner had participated in the recruitment process for the post of lower division clerk in 2013. The selection process was delayed and in 2022 a provisional list was issued in which the petitioner's name appeared. During document verification, the petitioner informed the State about the pending criminal case against him under Section 498A(cruelty). Based on this, the petitioner was declared ineligible based on a State Government circular dated December 4, 2019.This decision was challenged which was allowed by the Court in 2022, with a direction to forming a committee, reconsidering his candidature, and passing a speaking order. Subsequently, the candidature was again rejected based on the same circular.The Court referred to a Coordinate bench decision of the Court in Mukesh Kumar v State of Rajasthan & Ors. in which it was held that appointment could not be denied based on pending criminal case. The court thus ruled that the order and committee report rejecting the petitioner's candidature for the Lower Division Clerk post is arbitrary, unreasonable, and lack proper consideration, necessitating judicial intervention herein to quash the same. It held that at the time of the job advertisement, no trial proceedings were pending and the "respondent's delay deprived the petitioner of a rightful appointment".“In any case, pending criminal trial, unless of course proven guilty by way of conviction, cannot bar appointments,” the court added. Accordingly, the petition was allowed, and the State was directed to issue appointment letter to the petitioner which shall be subject to the final outcome of the pending criminal trial, along with an undertaking from the petitioner to not claim equity based on this order in case of conviction.Case Title: Amrit Pal v State of Rajasthan & Ors. Citation: 2025 LiveLaw (Raj) 19Click Here To Read/Download Order

S.498A IPC | Circular Barring Husband From Seeking Govt Employment Due To Wife's Pending Cruelty Case Violates Article 14, 21: Rajasthan HC

Nupur Agrawal

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