The Bombay High Court recently ruled that marrying another woman without the consent of the first wife is considered cruelty under Section 498-A of the Indian Penal Code (IPC). The decision was made by a bench of Justices Sunil B. Shukre and M.W. Chandwani.
The court stated that a second marriage while the first marriage is still in effect can cause significant trauma and mental harm to the first wife. The bench emphasized that such behavior would likely lead to serious emotional damage unless the first wife had given her explicit consent.
In this case, the complainant, identified as the first wife, accused her husband and several others of treating her with cruelty. She claimed that her husband had forced her into repeated sexual acts, even while she was pregnant, which eventually led to a miscarriage.
The court explained that under Section 498-A of the IPC, cruelty includes any willful act likely to drive a woman to commit suicide or cause severe harm to her physical or mental health. This also covers harassment related to unlawful demands for property or valuables.
The judges clarified that if a husband marries another woman while his first marriage is still legally valid, it can be interpreted as cruelty. They stressed that allowing such behavior without consequences would go against the legislative intent of protecting women from marital abuse.
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