Reema Aggarwal v. Anupam and Ors (2004)
Sections 498A & 304B IPC apply even without a valid marriage if the man acted as husband and subjected the woman to cruelty.
Quick Summary
The Supreme Court said that Section 498A (cruelty) and Section 304B (dowry death) of the IPC can apply even if the woman is not a “legally wedded” wife.
If a man assumes the role of a husband, lives like one, and the woman faces cruelty or dowry harassment, the law protects her.
The Court used the mischief rule to stop dowry-related abuse from escaping on technical grounds.
Issues
- Does Section 304B IPC (dowry death) apply when the couple’s marriage is not legally valid (second/void marriage)?
- Can Section 498A IPC protect a woman in a marital-like relationship against cruelty by the “husband” and his relatives?
Rules
Section 498A IPC
Targets cruelty by husband or his relatives. The focus is on cruelty, not only on the formality of a valid marriage.
Section 304B IPC
Dowry death within 7 years of marriage, linked to dowry harassment. Interpreted to prevent escape through technical invalidity.
Facts (Timeline)
13 Jul 1998
Appellant admitted to Tagore Hospital after consuming poison. Police sought medical fitness to record statement.
Statement
She said she was married to Anupam. She faced cruelty by him and his family for dowry.
Second Marriage
Both sides disclosed it was a second marriage.
Chargesheet
Filed under Sections 307 & 498A IPC.
Trial Court
Held 498A not made out as first marriage of R-1 not dissolved; 307 also not made out.
High Court
Affirmed Trial Court. Appeal dismissed.
Supreme Court
Set the correct legal position on 498A/304B in marital-like relationships.
Arguments
Appellant
- Cruelty and dowry harassment were continuous.
- Technical invalidity of marriage should not defeat protection.
- Law must target the social evil, not formalities.
Respondents
- Relied on Bhaurao Shankar Lokhande to stress valid second marriage for bigamy.
- Argued that without a lawful marriage, 498A/304B cannot apply.
Judgment
The Supreme Court drew a line between Section 494 IPC (bigamy) and Sections 498A/304B IPC.
- Section 494 focuses on the act of marrying again and needs a valid second marriage.
- Sections 498A/304B focus on cruelty and dowry death. These must be read to stop the mischief, even if the marriage is void.
Hence, a man who holds himself out as husband and exercises such authority can be covered as “husband” for 498A/304B.
Ratio Decidendi
The word “husband” in Sections 498A/304B IPC is read liberally to include a man who has undertaken the role of a husband in a marital-like relationship. The mischief rule justifies this reading to prevent dowry-related cruelty and death from going unpunished.
Why It Matters
- Protects women in second or void marriages from dowry cruelty.
- Closes a gap that offenders used to avoid liability.
- Shifts focus from form to substance: safety over technicalities.
Key Takeaways
Mnemonic + 3-Step Hook
Mnemonic: “HUSBAND in ACT”
- HUS: HUsbands by Status (even if void)
- BAND: He binds himself as husband; assumes role
- ACT: Law targets the act—cruelty/dowry, not ceremony
3-Step Hook:
- Spot a marital-like relationship.
- Check cruelty/dowry harassment evidence.
- Apply 498A/304B—do not get stuck on validity.
IRAC Outline
Issue
Do 498A/304B apply if the marriage is not legally valid?
Rule
Interpret “husband” broadly; target cruelty/dowry mischief.
Application
Man acted as husband; authority exercised; cruelty alleged—498A/304B attracted.
Conclusion
Yes. Protection extends to such relationships to prevent injustice.
Glossary
- Mischief Rule (Heydon’s)
- Interpret law to cure the problem the statute aims to fix.
- Dowry Death (S.304B)
- Death of a woman within 7 years of marriage linked to dowry harassment.
- Cruelty (S.498A)
- Any wilful conduct likely to drive a woman to suicide or cause grave injury; includes harassment for dowry.
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