Matrimonial Law
Mode of Citation- ILC-2017-SC-MAT-....
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Matrimonial Law
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Matrimonial Law
Mode of Citation- ILC-2017-SC-MAT-....
Judgement Subject Index/Important Decision/Topic

ILC-2011-SC-MAT-Jul-3

A. Subash Babu Vs. State of A.P.& Anr.

Head Note

Indian Penal Code,1860  - Section 498-A , Section 494 , Section 495 , Section 417 , Section 420

Proceedings initiated against the appellant - Respondent No.2 lodged FIR against the husband/appellant - Petition filed - The High Court quashed the proceedings under Section 498A IPC, proceedings relating under Sections 494, 495, 417 and 420 IPC ordered to continue against the appellant - Hence, the appeal - The appellant having a wife living, married with the respondent no. 2 by concealing from her the fact of former marriage and therefore her complaint against the appellant for commission of offence punishable under Section 494 and 495 IPC is, maintainable - Held that a person who enters into marital arrangement cannot be allowed to take shelter behind the smoke screen of contention that since there was no valid marriage the question of dowry does not arise - Impugned Judgment quashing the complaint filed by the respondent no. 2 for alleged commission of offence by the appellant under Section 498A IPC set aside and the charge-sheet under section 498-A restored/revived - Appeal dismissed.

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