Wife can't file dowry harassment case if she remarries without divorce, says High Court

Chandigarh (The Uttam Hindu): The Punjab and Haryana High Court, in a significant ruling in a dowry harassment case, has quashed a summons order issued by a Ferozepur magistrate against the alleged husband. The court clarified that if a woman remarries without obtaining a formal divorce from her first husband, she cannot legally declare the second man her husband and file a dowry harassment case against him.

In this case, the woman filed a complaint before the Ferozepur Magistrate, alleging that she was married to Harjinder Singh and that she was subsequently asked for dowry. According to the complaint, a car was demanded at the time of the doli (wedding ceremony), and her family later paid three lakh rupees. The woman alleged that she was still assaulted for dowry. Based on the complaint, the Magistrate issued summons. This order was challenged in appeal, but the appeal was dismissed. Subsequently, the petitioner approached the High Court through senior advocate Salil Dev Singh Bali.

The petitioner informed the High Court that the complainant was married to Gurmeet Singh in 2005. A divorce petition was filed between the two in 2013, which was dismissed by the court. It was also stated that during the divorce proceedings, the woman admitted that she was previously married to Lakhwinder Singh before Gurmeet Singh. In both cases, a formal divorce was not granted. Therefore, the complainant cannot be considered the petitioner's legal wife. The petitioner also denied the allegations of dowry harassment.

Hearing the case, Justice Shalini Nagpal stated that Section 498A of the Indian Penal Code provides for action in cases of dowry harassment by the husband and in-laws. Although the section does not explicitly define "husband," it generally refers to a man legally married under the Hindu Marriage Act. The court stated that if a husband or wife marries someone else without a legal divorce, the marriage is legally void. Based on these facts, the High Court granted the petition and quashed the summons order issued against the alleged husband.