Allahabad HC quashes man's plea challenging order in 'live-in' partner's dowry death case
Prayagraj (PTI): The Allahabad High Court has observed that for an offence of dowry demand or in case of dowry death, it is sufficient to show that the victim woman and the accused man were "residing as husband and wife at the relevant point of time".
Justice Raj Beer Singh made the observation while dismissing a petition challenging a Prayagraj sessions court order that rejected an applicant's plea for discharge in a dowry death case. The petitioner was allegedly in a live-in relationship with the deceased woman.
The petition submitted that the impugned order is against facts and law, and therefore liable to be set aside.
The applicant's counsel claimed that the deceased woman was married to one Rohit Yadav and that there is no credible evidence that she obtained divorce from him.
The woman later entered a live-in relationship with the accused, and they did not get married, the plea claimed.
In view of these facts, the counsel said, it cannot be said the deceased was legally married to the applicant, and therefore no prima facie case under Section 304-B of the Indian Penal Code (IPC) can be made out.
However, the additional government advocate opposed the application, saying the FIR mentioned that after marriage to Rohit Yadav, the woman was divorced by him. She later married the applicant in court and there are allegations that the deceased was harassed by the accused on account of dowry.
Dismissing the plea, the high court bench said, "In order to attract provisions of Sections 304-B and 498-A of the IPC, it is sufficient to show that the victim woman and the accused man were residing as husband and wife at the relevant point of time."
"In the instant case, even if it is assumed for the sake of arguments that the deceased didn't fall within the ambit of a legally-wedded wife, there is ample evidence on record that the applicant and the deceased were residing together as husband and wife at the relevant point of time."
The government counsel said the victim woman committed suicide on the premises of the accused.
Whether the marriage between the deceased and the applicant was lawful is a question of fact that can only be examined during trial, the advocate added.
"In view of the aforesaid facts, the contention raised on behalf of the applicant that provisions under Section 304 of the IPC are not attracted has no force," the high court noted.
"The perusal of the impugned order shows that the trial court considered all relevant facts of the matter and the application filed by the applicant for discharge was rejected by a reasoned order," it added.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Sujit Nair raises concerns over speculation of DMK-AIADMK understanding to block TVK
Chennai: Journalist and political commentator Sujit Nair has expressed concern over speculation that the Dravida Munnetra Kazhagam and the All India Anna Dravida Munnetra Kazhagam could explore a post-poll understanding to prevent Vijay-led Tamilaga Vettri Kazhagam from forming the government in Tamil Nadu.
In a social media post, Sujit Nair said the election verdict in Tamil Nadu reflected a clear public demand for political change and argued that the mandate should be respected irrespective of political preferences.
Referring to reports and political discussions surrounding a possible understanding between the DMK and AIADMK, he said he hoped such developments remained only speculative conversations and did not turn into reality.
Nair stated that if such an alliance were to take shape, it would raise serious questions about ideological politics in the country. He said TVK had emerged through a democratic electoral process and that the legitimacy to govern in a parliamentary democracy comes from the people’s verdict.
According to him, attempts to prevent an electoral winner from forming the government through unexpected political arrangements may be constitutionally valid, but many people could view them as politically opportunistic.
He further said that such a move could particularly affect the political image of the DMK, which has historically projected itself around ideology, social justice and opposition politics. Nair said that in ideological terms, the DMK appeared closer to TVK than to the AIADMK, and joining hands with its long-time political rival only to remain in power could weaken its broader political narrative.
He added that the same questions would apply to the AIADMK as well, as the party had spent decades positioning itself against the DMK and such an arrangement could create discomfort among its cadre and supporters.
Drawing a comparison with Maharashtra politics in 2019, Nair said he had expressed similar views when the Shiv Sena formed an alliance with the Indian National Congress and the Nationalist Congress Party after the Assembly elections.
He said post-poll alliances between long-standing political rivals often create a public perception that ideology and electoral mandates become secondary when political power equations come into play.
Nair also said such developments increase public cynicism towards politics and reinforce the belief among voters that ideology is often sidelined after elections.
He maintained that the Tamil Nadu verdict was emphatic and said respecting both the spirit and substance of the mandate was important for the credibility of democratic politics.
