Supreme Court · 2004 INSC 25 · Decided 8 January 2004
Reema Aggarwal v. Anupam and ORS.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 25 · [2004] 1 S.C.R. 378
- Case number
- CRIMINAL APPEAL No. 25/2004
- Decided
- 8 January 2004
- Bench
- DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 3048, 307, 498A, 1138; Evidence Act Section 1138; Hindu Marriage Act
Headnote
Penal Code, 1860-Sections 3048, 307 and 498A-Husband marrying victim during lifetime of first wife-Dowry demand by husband and his parents C and brother causing harassment to victim-Prosecution for offences­ Prosecution failing to establish that first marriage legally dissolved, acquitled by orders-On appeal held: In view of the object and aim of the legislation in introducing Section 498A and 3048, expression 'husband' does not exclude persosn who contracts marriage ostensibly and D cohabit with such women and so the provisions do not presuppose valid marriage-Order of High Court
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