'Second Wife' Has 'Locus Standi' To Complain Under Section 498-A Against Husband: Hyderabad High Court

The Hyderabad High Court has declared that a complaint lodged by the second wife of a man for an offence under Section 498-A of IPC cannot be quashed on the ground that hers was not a valid marriage. And, it has refused to quash the FIR registered against the petitioners in respect of an offence under Section 498-A.

Under the said Section, whoever, being the husband or relative of the husband of a woman, subjects the woman to physical and mental cruelty, shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Justice U Durga Prasad Rao passed this order on a petition filed by one N Tirupati Reddy and his parents seeking  quashing of the FIR denying the allegations  and questioning the locus standi of the complainant, alleged second wife, to lodge complaint with Metpally police in Karimnagar district.

According to the complaint of his second wife, Tirupati Reddy had married a woman about 10 years ago and begot two children. After the woman had suffered injuries in a fire accident, the man married the  complainant with the consent of the first wife. The latter’s parents presented him Rs 2 lakh as dowry and some land. Reddy begot a daughter from his second wife.

Later, it was alleged, the man started harassing his second wife for additional dowry and subjected her to physical and mental cruelty and ultimately necked her out. Police registered a case under Sections 498-A and 506 of IPC basing on the woman’s complaint.

Reddy and his parents then moved the High Court seeking quashing of the FIR registered by the police against them.

The petitioners’ counsel argued that even assuming that the second wife’s allegations were true, still the right to file complaint under Section 498-A vests only with the legally-wedded wife but not a second wife or a concubine. The complainant herself admitted to be the second wife knowing fully well that the petitioner was having a legally-wedded first wife alive. In these circumstances, continuation of proceedings would amount to abuse of process of law, Reddy’s counsel contended.

Justice Prasad Rao made it clear that the petitioners cannot seek quashing of the proceedings in the light of Supreme Court’s latest decision in A Subash Babu’s case. The apex court held that a person who enters into marital arrangement cannot be allowed to take shelter behind the smokescreen of contention that since there was no valid marriage the question of dowry does not arise.

While dismissing the above petition, the judge said that so far as the genuineness of the complaint of harassment for additional dowry is concerned, at this peripheral stage of the matter, which is under investigation, that aspect cannot be decided. He directed the police to continue the investigation to its logical end.