Bombay High Court Rules Marrying Another Woman Without Wife’s Consent as Cruelty Under IPC Section 498-A
The Bombay High Court recently ruled that a husband marrying another woman without his wife’s consent constitutes cruelty under IPC Section 498-A.
Justices Sunil B. Shukre and M.W. Chandwani explained that “marrying another woman by the husband during the existence of his first marriage is likely to cause trauma and grave injury to the mental health of the first wife unless it has been done with her consent.”
In this case, the complainant, identified as the first wife, accused her husband (applicant no. 1) and others (applicants nos. 1 to 5) of treating her with severe cruelty. She alleged that her husband did not spare her even during her pregnancy, forcing repeated sexual acts upon her, which resulted in a miscarriage. Despite her pleas to stop, her husband continued his relentless actions.
The bench noted, “When a husband enters a second marriage while his first marriage is still valid, it raises the question of whether this act amounts to cruelty under Section 498-A of the IPC. According to Section 498-A, cruelty includes any willful conduct that is likely to drive a woman to commit suicide or cause grave injury to her mental or physical health. It also encompasses harassment intended to coerce the woman or her relatives into meeting unlawful demands for property or valuable security.”
The High Court emphasized that “marrying another woman during the subsistence of the first marriage without the first wife’s consent is likely to cause severe mental trauma and injury. If such actions are not recognized as cruelty under Section 498-A, it would undermine the legislative intent to prevent the torture of a woman by her husband or his relatives. Therefore, this interpretation aligns with the objectives of the legislation.”
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