Introduction 

• This is a landmark judgment which lays down that the provisions under Section 498A and Section 304B of Indian Penal Code, 1860 will apply even in those cases where a woman is not legally married to the offender.   
• This judgment was delivered by a 2-judge bench comprising of Justice Arijit Pasayat and Justice Doraiswamy Raju.  

Facts 

• Information was received from the Tagore Hospital on 13th July 1998 that appellant (Reema Aggarwal) had been admitted on having consumed poisonous substance. 
• ASI Charanjit Singh obtained opinion of doctor regarding her fitness to make a statement. 
• Appellant stated before the Officer that she was married to Anupam (Respondent no. 1) and after the marriage she was harassed by her husband (Respondent no. 1), mother in law, father in law and brother-in-law (Respondent no. 2,3 and 4) for not bringing dowry. 
• It was further disclosed that this was the second marriage of the appellant and Respondent no. 1. 
• On completion of investigation, chargesheet was filed under Section 307 and Section 498A of Indian Penal Code, 1860 (IPC). 
• Decisions of Courts Below: 
  • The Trial Court held that it was required to be proved that the victim-woman was the legally married wife of the accused. The first marriage of Respondent no 1 was not legally dissolved, hence offence under Section 498A of IPC was not made out. Further, the Court held that with respect to Section 307 of IPC the offence is not made out. 
  • The Appeal was filed and disposed of by the Division Bench of the Punjab and Haryana High Court wherein the Court held that the findings of the Trial Court are not erroneous. 
• Hence the matter was before the Supreme Court. 

Issue Involved 

• Whether the offence under Section 304B of IPC is made out in cases where the husband and wife are not legally married by virtue of it being a second marriage? 

Observations 

• The Respondents in this case put strong reliance on Bhaurao Shankar Lokhande and Anr v. The State of Maharashtra (1965) wherein the Court refused to prosecute under Section 494 of IPC for bigamy on the ground that in order to make out an offence of bigamy it is important that the second marriage should be valid and duly solemnized.  
• The Court held that the thrust of the offence is “marrying” in Section 494 IPC as against subjecting the woman to cruelty in Section 498A IPC and “dowry death” in Section 304B of IPC. 
• It was observed that the provision can be liberally construed to rope in not even those who are legally married but also any one who has undergone some or other form of marriage and thereby assumed for himself the position of husband to live, cohabitate and exercise authority as such husband over another woman. 
• Where the claim for civil rights are concerned the relationship of husband and wife may require strict interpretation but the same can be interpreted liberally as well in order to curb a social evil.  
• The purpose of Section 498A and Section 304B of IPC cannot be lost sight of. The obvious objective was to prevent harassment to a woman who enters into a marital relationship with a person and later on, becomes a victim of the greed for money. 
• Thus, a provision should not be interpreted in a pedantic and hyper technical manner in such a way that it defeats the purpose of the Legislation.  
• Thus, the Court held that the term “husband” shall cover a person who enters into marital relationship and under the colour of such proclaimed or feigned status of husband subjects the woman concerned to cruelty or coerce her in any manner or for any of the purposes enumerated in the relevant provisions under Section 304B and Section 498A of IPC.  
• The Court in this case employed the mischief rule made immortal in Heydon’s rule and held that the above interpretation is the correct interpretation.

Conclusion 

• This judgment lays down that offences under Section 304B and Section 498A of IPC can be made out even in those cases where parties are not legally married. 
• Thus, the judgment further protects the rights of women even outside the institution of marriage.