HC: Dowry-related offences applicable to live-in couples

Prayagraj: The Allahabad high court has observed that for attracting an offence of demand of dowry or in a dowry death, it is sufficient to show that the victim woman and accused man were residing as husband and wife at the relevant point of time. It does not matter even if the woman was not in the ambit of a legally wedded wife, the court added.
Dismissing the petition of accused Adarsh Yadav, Justice Raj Beer Singh upheld the decision of sessions court of Prayagraj dated Apr 30 in which the application of the accused for the discharge in a dowry death case was rejected.The petition was filed under section 482 (inherent powers of high court) of criminal procedure code.
Declining to accept the pleas of the petitioner, the court observed, "In order to attract provisions of section 304-B (dowry death) and 498-A (harassment for dowry) of Indian Penal Code (IPC), it is sufficient to show that victim woman and accused husband were residing as husband and wife at the relevant point of time. In the instant case, for the sake of arguments even if it is assumed that the deceased does not fall within the ambit of a legally wedded wife, there is ample evidence on record that applicant and deceased were residing together as husband and wife at the relevant point of time."
The counsel for the petitioner had submitted that the impugned order (order under challenge) is against facts and law and thus liable to be set aside.
The petition said that the marriage of the deceased had taken place with one Rohit Yadav and that there was no credible evidence that she obtained divorce. Later, she started living with the applicant in a live-in relationship and since no marriage has taken place between the deceased and the applicant, hence no offence of dowry death (section 304B) is made out.
On other hand, the state counsel opposed the application and submitted that in the first information report, it was clearly mentioned that after marriage of the deceased with Rohit Yadav, she was divorced by him and thereafter marriage of the deceased with applicant has taken place in court and there are allegations that the deceased was harassed by the applicant on account of dowry. The deceased has committed suicide at the premises of applicant.
It was further submitted by the state counsel that whether the marriage between the deceased and the applicant was lawful or not, was a question of fact and that could only be examined during a trial.
Dismissing the petition, the court said, "In view of aforesaid facts, the contention raised on behalf of applicant that provisions of section 304-B IPC is not attracted has no force. The perusal of the impugned order shows that the trial court has considered all relevant facts of the matter and the application filed by the applicant for discharge was rejected by a reasoned order."