Second wife cannot complain against husband under Section 498A of IPC: Karnataka HC
Bengaluru, July 22: The High Court of Karnataka has set aside the conviction of a 46-year-old man under Section 498A (married woman subject to cruelty) of the Indian Penal Code (IPC) as the complaint was by his ‘second wife’ which would make the marriage ‘null and void’.
The single judge bench of Justice S Rachaiah in its judgement recently said, “Once PW.1 (complainant woman) is considered as second wife of the petitioner, obviously, the complaint filed against the petitioner for the offence under Section 498-A of IPC ought not to have been entertained." .
"In other words, a complaint filed by the second wife against the husband and her in-laws is not maintainable. The Courts below committed error in applying the principles and also the law on this aspect. Therefore, interference by this Court in exercising the revisional jurisdiction is justified,” it said.
The court was hearing a Criminal Revision Petition filed by Kantharaju, a resident of Vittavathanahalli in Tumakuru district.
The complainant-woman had claimed that she was the second wife of Kantharaju and they lived together for five years and had a male child. But later she developed health issues and was affected by paralysis and became incapacitated. Kantharaju allegedly started harassing her after this point and subjected her to cruelty and mental torture.
She lodged a complaint against him and the Trial Court in Tumakuru after conducting a trial found him guilty in an order on January 18, 2019. The conviction was confirmed by a Sessions Court in October 2019. Kantharaju approached the High Court with the Revision Petition in 2019.
The High Court set aside the lower court order as it found that a second wife was not entitled to file a complaint under Section 498A.
"The prosecution has to establish that the marriage of PW.1 is legal or she is the legally wedded wife of the petitioner. Unless, it is established that she is the legally wedded wife of the petitioner, the Courts below ought to have acted upon the evidence of PWs.1 (complainant woman) and 2 (her mother) that PW.1 was the second wife,” it said.
The High Court cited two judgements of the Supreme Court; Shivcharan Lal Verma case and the P Sivakumar case and said, "The ratio of these two judgments of the Hon’ble Supreme Court clearly indicates that if the marriage between the husband and wife ended as null and void, the offence under Section 498A of IPC cannot be sustained."
Setting aside the conviction of Kantharaju, the Court said, "Admittedly, in the present case, the complainant in her evidence, PW.2 being the mother of PW.1 both have consistently deposed and admitted that, PW.1 is the second wife of the petitioner. Accordingly, the concurrent findings of the Courts below in recording the conviction requires to be set aside."
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Flip-flop on COP: Cong's dig at govt on withdrawing bid to host COP33
New Delhi (PTI): The Congress on Thursday attacked the Centre over India withdrawing its bid to host the COP33 climate summit in 2028, and said it reflects the Modi government's true commitment to the 2015 Paris Agreement both in letter and spirit.
The opposition party said the decision also calls into question the government's true commitment to take on more ambitious carbon mitigation goals in the short and medium term.
Congress general secretary and former environment minister Jairam Ramesh recalled that on December 1, 2023, the prime minister had announced grandly in Dubai that India would be hosting the annual UN Climate Change Conference of Parties (COP) in India in late 2028.
"Clearly the intention was to milk the global gathering for whatever it is worth in the months before the 2029 Lok Sabha elections like Mr. Modi did by having the G20 Summit in New Delhi a few months before the 2024 Lok Sabha polls," Ramesh said on X.
"Unexpectedly last night, it was announced that India will not be hosting the high-profile 2028 Conference. No reasons have been given for this sudden decision. But it does reflect on the Modi Govt's true commitment to the 2015 Paris Agreement both in letter and spirit," the Congress general in-charge communications said.
It also calls into question the Modi government's true commitment to take on more ambitious carbon mitigation goals in the short and medium term, Ramesh said.
By 2028, the seventh assessment report of the IPCC (Intergovernmental Panel on Climate Change) may get published and this could put greater pressure on India as the Chair of the 2028 Conference to forge a new consensus that would undoubtedly involve a scaling up of ambitions not just for a distant future, he said.
"Incidentally, do we recall what the PM had told a group of children some years ago on his view of climate change? He had remarked that 'people have changed, climate has not.' Bizarre!" Ramesh said.
He slammed the government's "flip-flop" on hosting the conference.
Ramesh had on Wednesday night said that he was "surprised" at the development.
"I am very surprised. It was high on the PM's agenda especially since 2029 will be the year of Lok Sabha polls. So atmospherics could have (been) created," he had said.
India has withdrawn its offer to host the United Nations annual climate Conference Of the Parties (COP33) in 2028, according to sources.
During his address at COP28 in Dubai in 2023, Prime Minister Modi had proposed India as the host country for COP33. Usually, the venue for a COP edition is decided two years in advance.
Sources confirmed that the decision was officially communicated to the authorities concerned earlier this week that India is withdrawing its bid to host COP 33. They, however, did not state any specific reason behind the government's decision.
