Shiv Charan Lal Verma and Anr v. State of Madhya Pradesh (2002)

If a marriage is null and void, Section 498A IPC does not apply. In this case, the second marriage was void because the first marriage still existed. So, 498A could not stand. But the conviction for abetment of suicide under Section 306 IPC continued as the evidence showed torture that drove the victim to suicide.

• Does 498A IPC apply when the marriage itself is void?
• Is the conviction under 306 IPC sustainable on the evidence?

498A IPC presupposes a valid marriage. Where the marriage is void, the provision is not attracted. 306 IPC can still succeed if evidence proves abetment by cruelty or conduct driving the victim to suicide.

• Clarifies the marital status requirement in 498A IPC.
• Shows that 306 IPC is independent and evidence-driven.
• Useful for exam answers on void marriages and IPC offences.

Mnemonic: “Valid for 498A; Evidence for 306.”

1. Check marriage: If void → 498A fails.
2. Check conduct: Did acts drive suicide?
3. Apply law: If yes → 306 IPC can sustain.

Void Marriage

A marriage with no legal effect from the start; law treats it as if it never existed.

Section 498A IPC

Punishes cruelty by husband or his relatives; presumes a valid marriage.

Section 306 IPC

Punishes abetment of suicide; requires proof of instigation or aiding conduct.

• K. Srinivas Rao v. D. A. Deepa — cruelty & mental harassment context.
• Girdhar Shankar Tawade v. State of Maharashtra — scope of 498A.