Section 498A · 30 January 2026
Section 498A IPC Cruelty Charges Not Attracted If Marriage Is Annulled by Competent Court
High Court of Kerala · 2026 LiveLaw (Ker) 62
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The complainant initiated criminal proceedings under Section 498A IPC for alleged domestic cruelty after the marriage had already been annulled and declared null and void by a competent court.
The Kerala High Court held that once a marriage is declared null and void by a competent court, there is no subsisting legal marriage. Consequently, the prerequisite of the complainant being a "married woman" subjected to cruelty by her "husband" is absent, rendering Section 498A IPC prosecution unsustainable.
Relevant provisions: Section 498A IPC (Section 85 BNS) / Section 482 CrPC (Section 528 BNSS)
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