498a

what is the query.    what are facts of case.

sir,  mr. x (my cousin brother) and mrs. x (wife) hey got married in 2005.(love marriage) she belong to a very rich family and the financial position of my brother is mediocre. after some time mr. x wants to put up a business and put some demand for money. the started quarreling. they started hitting each other... on nov.2007 a quarrel started between them. she (wife) threw a shoe at mr x (husband)  and he (husband) threw a statue of stone at her. the statue struck at the head and she fell unconscious. mr x(husband) took  her to hospital where she was admitted to I.C.U.. her life was saved.

an FIR was registered and during investigation the fact came out that mr x(husband) was already legally married to one roopa 2003.

the charges were framed against mr x(husband) under section 307, 498A of the IPC 1860.

 now mr x contending that since his marriage with mrs x is void, thus sec 498A was thoroughly mis conceived as sec 498A pre supposes a valid marriage , besides hitting of the statue was completely accidental and unintentional.

pls suggest some case law and how to handel the case

yes Mr X will be saved from 498a smaller case , but will be punished in bigamy if Miss X want .

given facts do indicate that he is rightly framed.

Further if he believes that he is not married to her the consequences are as under :-

(I) Charge of bigamy as suggested above.

(II) making a lady to believe to  be lawfully wedded [though husband knew marriage to be void] and convince her to live with him for some time [even for one night] the charge of rape is there.

(III) charge of 498a is not frustrated if the husband says that he know to not have been legally wedded.

In this case he demanded money for business.  He demanded it from in-laws why?  was he not able to raised loan from some other source? was he not credit worthy? was his proposed business illegal? Was his business not commercially viable?

He  and when refused started being violent.  He knew what he is doing.

repeated

https://www.lawyersclubindia.com/forum/Section-307-amp-498a-of-ipc-108689.asp#.VDIi6FeO5G0