Success Story - Husband discharged of 498a as marriage was fraudulant

Success Story – Husband discharged of 498a as marriage was fraudulant

This is a Success Story of a warrior husband who was discharged from allegations of 498a as the marriage was null and void being fraudulant.

Background: Major Pankaj Rai was a widower who was tricked into marrying a woman, who had preferred an appeal against the divorce decree granted by her husband, thus she was not in a capacity to marry when she married Major Rai. Later when the marriage went downhill on Major Rai discovering this fraud, she resorted to filing 498A IPC case against Major Rai. Aggrieved Major Rai resorted to filing for discharge in the same.

Counter Strategy: In trial court, he argued on the following points:

1. Allegations are Vague and no specific allegations are levelled

2. As the marriage was null and void, the status of Major Rai was not that of husband and hence he can not be charged with 498A of IPC.

3. There is not even iota of evidence on record to prove any harassment

Based on these arguments, and studying the material in charge sheet, the trial court dismissed his discharge application. But Major Rai had conviction in his grounds of discharge and he preferred a revision against framing of charges. The Ld. Session Court agreed with the arguments of Major Rai and discharged him of the offence. The complainant preferred not to appeal the said order and hence it has attained finality.

The order from Session Court for perusal of all fighters are available below:

In Words of Major Pankaj Rai:

I, a widower who was tricked into marriage by the complainant on 13 Dec 2014. She claimed to be a pious lady. She concealed the fact that she had challenged the decree of divorce granted in favour of her husband by filing an appeal before High Court of Judicature at Hyderabad and her appeal was pending as on 13 Dec 2014.

The appeal was dismissed as withdrawn on 02 Sept 2016 much after she married me. My application to be summarily discharge was dismissed. Arguing as party in person I preferred a revision which was allowed.

The Sessions Court held that (a) appeal is a continuation of the original suit and in accordance with the doctrine of merger the order of the Appellate court alone counts. It agreed that the complainant had concealed the fact that her appeal was pending in violation of Sec 15 of Hindu Marriage Act. It held that there was no ‘husband-wife’ relationship. It also held that there was not even an iota of evidence to suggest that she had been harassed.

Major Rai is willing to help any warrior to the best of his knowledge and capacity and can be reached at pankaj.rai@live.in

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