Patna High Court Declares Marriage Void Ab Initio in Bihar Marital Cruelty Case

The Patna High Court has declared a woman's marriage void ab initio while quashing criminal proceedings related to her allegations of marital cruelty. The court found issues with the initial cognisance order, highlighting the woman's claims of abuse and her status as a divorcee.

The Patna High Court has nullified criminal proceedings initiated by a lower court in Bihar. These proceedings were based on a woman's complaint alleging cruelty by her husband and his family. Justice Rudra Prakash Mishra, presiding over a single judge bench, issued the order on Monday. He declared the woman's supposed marriage to Sumit Kumar, conducted at a temple in Begusarai district, legally void from the outset.

The court's decision came while addressing writ petitions filed by Manju Devi and others, relatives of Sumit Kumar. They challenged the criminal proceedings initiated against them under relevant sections by the Judicial Magistrate of Begusarai on January 3, 2025. The woman had claimed she was a divorcee with a child and that Sumit Kumar married her knowing her past.

Allegations and Legal Observations

She alleged that after some time, she faced caste-based abuse and physical violence from her husband and his family. One family member allegedly attempted to strangle her. However, the court noted that the cognisance order lacked proper consideration, and continuing proceedings would lead to significant injustice.

A key point highlighted by the court was the complainant's admission of living separately from the accused for nearly three years. She never shared a household with them. This admission undermines the cruelty allegations, as such claims require proximity or cohabitation to be credible.

Specific Allegations Examined

The only specific allegation involved petitioner no. 2, accused of attempting to strangle the complainant. Yet, this claim lacked medical evidence or contemporaneous records, making it doubtful. The court observed that this allegation first appeared during an enquiry through a witness statement and wasn't mentioned in the initial complaint.

The absence of supporting material for this new claim renders it insufficient for sustaining criminal prosecution. The court found substantial merit in arguments that the prosecution's foundation was legally unsound.

Legal Status of Marriage

It was acknowledged that the complainant had been previously married and had a minor child from that marriage. No divorce decree dissolving her earlier marriage was presented. Without evidence of dissolution, her subsequent marriage to Sumit Kumar is legally void from inception.

The court concluded that without shared residence or meaningful interaction, allegations of cruelty by in-laws are inherently improbable. The legal status of the complainant's marriage further invalidates her claims against Sumit Kumar and his family.

With inputs from PTI