The Kerala High Court has held that the offence of cruelty under Section 498A of the Indian Penal Code is not attracted when the marriage itself has been annulled by a competent court.
Key Ruling
Justice C. Pratheep Kumar quashed the criminal proceedings initiated against a man and his mother, observing that in the absence of a valid subsisting marriage, prosecution under Section 498A IPC cannot be sustained.
Court’s Reasoning
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Section 498A IPC applies only when there exists a legally valid marriage
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In the present case, the marriage between the parties had already been annulled by a competent court
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Once annulled, the marriage is treated as void from inception
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Therefore, the complainant cannot be treated as a “wife” for the purpose of Section 498A
Important Observation
The Court clarified that the very foundation of an offence under Section 498A IPC is the existence of a valid marital relationship.
Without such a relationship:
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The allegation of cruelty does not survive
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Criminal proceedings amount to abuse of the process of law
Final Outcome
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✅ Criminal proceedings quashed
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❌ No offence under Section 498A IPC made out
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⚖️ Protection extended to both the accused and his mother
Legal Takeaway (Exam / Practice Ready)
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Section 498A IPC requires a valid and subsisting marriage
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Annulment = marriage void ab initio
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Criminal liability for matrimonial cruelty cannot continue post-annulment
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Courts can quash proceedings to prevent misuse of criminal law
