Bombay High Court: Marrying Another Woman Without Wife’s Consent is Cruelty
The Bombay High Court recently ruled that a husband marrying another woman without the consent of his first wife amounts to cruelty under Section 498-A of the Indian Penal Code (IPC).
Court’s Observation
A bench comprising Justices Sunil B. Shukre and M.W. Chandwani stated that entering into a second marriage while the first marriage is still valid can cause serious mental trauma to the first wife unless she has given her consent.
Case Background
In this case, the complainant alleged that her husband, despite her pregnancy, repeatedly forced himself on her, leading to a miscarriage. She further claimed that her in-laws also subjected her to severe cruelty. The court noted that such actions fall under the definition of cruelty under Section 498-A IPC.
Legal Interpretation
As per the explanation in Section 498-A IPC, cruelty includes any willful act that could drive a woman to suicide or cause serious harm to her physical or mental health. It also covers harassment intended to force a woman or her relatives into fulfilling unlawful demands.
The High Court emphasized that if a husband’s second marriage while the first one is still valid is not recognized as cruelty under Section 498-A IPC, it would undermine the purpose of the law, which is to protect women from mistreatment by their husbands and in-laws.
This ruling strengthens legal protections for married women and reinforces that polygamy without consent can have severe legal consequences.
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