Gauhati High Court Acquits Man Under Section 498A IPC Due to Absence of Valid Marriage

Gauhati High Court Acquits Man Under Section 498A IPC Due to Absence of Valid Marriage

The Gauhati High Court set aside the conviction of a man under Section 498A of the Indian Penal Code, which pertains to cruelty by a husband or his relatives.  

The court observed that the complainant was only 14 years old at the time of the alleged marriage, making it void under Section 5(iii) of the Hindu Marriage Act, which requires brides to be at least 18 and grooms 21.

The Court clarified that mere cohabitation without a legally valid marriage does not attract Section 498A.  

Consequently, the Court quashed the judgments of both the Trial and Appellate Courts, which had previously convicted and sentenced the accused.

Read Judgement / 7 months ago

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