JUDGMENT/ORDER :

H.B.Prabhakara Sastry, J.

The present petitioner who was tried by the Court of J.M.F.C. (III Court), Mangalore, D.K.,(hereinafter for brevity referred to as the "Trial Court") in C.C.No.5099/2007 for the offences punishable under Sections 498(A) and 504 of the Indian Penal Code, 1860 (hereinafter for brevity referred to as "IPC") was convicted for the offence punishable under Section 498A of IPC vide its judgment dated 24-04-2009 and it sentenced him accordingly.

Challenging the said judgment of conviction and order on sentence, the accused preferred a criminal appeal in Criminal Appeal No.246/2009 in the Court of the learned Principal Sessions Judge, Dakshina Kannada, Mangalore (hereinafter for brevity referred to as the "Sessions Judge's Court") which also by its judgment dated 29-03-2011, while dismissing the appeal, confirmed the judgment of conviction and order on sentence passed by the Trial Court. Aggrieved by the same, the accused has preferred this revision petition.

2. The summary of the case of the prosecution in the Trial Court was that, the complainant one Smt. Shobha, a resident of Shivanagar, Kodakal, Alape Village, Mangalore Taluk, claims that she was married to the accused on 03-02-2006. Though at the time of her marriage, she was working in a private hospital at Mangaluru, however, due to the pressure by her husband, she left the job. Some time after her marriage, the accused started complaining that she was not good to look at and that he would undergo another marriage. Thus he started subjecting her to mental cruelty. On 16-05-2007, while she was at home, at about 5:00 p.m., the accused went there, abused her in filthy language and challenged her to take any action if she has got guts and that he would be undergoing a second marriage. The complainant has further stated that, thereafter she learnt that he had undergone another marriage. With that, she filed a complaint with the respondent Police on the next day, i.e. on 17-05-2005.

3. After investigation, a charge sheet was filed against the accused for the offences punishable under Sections 498A and 504 of IPC. Since the accused pleaded not guilty, a trial was held where the prosecution, in order to prove its case, examined eight witnesses from PW-1 to PW-8 and got marked documents from Exs.P-1 to P-11(a). From the accused' side, no evidence was led except marking two documents at Exs.D-1 and D-2.

4. After hearing both side, the Trial Court by its impugned judgment dated 24-04-2009 convicted the accused for the offence punishable under Section 498-A of IPC and sentenced him accordingly. As observed above, the same was challenged by the accused in Criminal Appeal No.246/2009 which also came to be dismissed by the learned Sessions Judge's Court.

5. The Trial Court and Sessions Judge's Court's records were called for and the same are placed before this Court.

6. In view of the fact that in spite of granting sufficient opportunity, the learned counsel for the revision petitioner did not appear and proceeded further in this matter, this Court, by its detailed order dated 20-08-2020, appointed an Amicus Curiae for the revision petitioner.

7. Heard the arguments from both side.

8. Learned Amicus Curiae for the revision petitioner in her arguments disputed the alleged marital relationship between the complainant and the accused. According to her, there was no marriage that was solemnized between the complainant and the accused, as such, in the absence of any marital relationship between the parties, Section 498A of the IPC would not be attracted. She further contended that the alleged Marriage Certificate at Ex.P-2 is also not a valid Marriage Certificate in the eye of law for the reason that, the alleged marriage has not been registered under the Karnataka Marriages (Registration and Miscellaneous Provisions) Act, 1976 (hereinafter for brevity referred to as the "KMRM Act"). On the contrary, the alleged marriage was registered under the Registration of Hin