In a significant judgment, the Bombay High Court ruled that a husband marrying another woman without the consent of his first wife amounts to cruelty under Section 498A of the Indian Penal Code (IPC).
The bench, comprising Justices Sunil B. Shukre and M.W. Chandwani, stated that such an act is likely to cause deep mental trauma and emotional distress to the first wife, especially when done without her knowledge or approval.
The case involved a woman who accused her husband and his family members of continuous cruelty. She alleged that her husband abused her even during pregnancy, forcing himself on her repeatedly, which tragically led to a miscarriage. Despite her requests to stop, he continued his abusive behavior.
The Court emphasized that Section 498A IPC defines cruelty as any intentional conduct that can drive a woman to suicide or cause serious harm to her mental or physical health. This includes harassment for dowry or other unlawful demands.
“When a husband marries another woman while his first marriage is still valid, it can severely affect the mental well-being of the first wife. Unless she has given her consent, such a second marriage must be seen as a form of cruelty,” the judges noted.
The Court further added that failing to recognize this as cruelty would defeat the purpose of Section 498A, which is aimed at protecting women from mistreatment and abuse within marriage.
This ruling strengthens the legal position of women facing emotional and psychological abuse due to their husband’s unauthorized second marriage, and reinforces the need for gender-sensitive interpretations of Indian law.
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