Last week, the Patna High Court held that even if a wife grants consent to her husband’s second marriage, she can still file a complaint for cruelty against him under Section 498A of the Indian Penal Code (IPC).
A two-judge bench comprising Justice Pavankumar Bajanthri and Jitendra Kumar refused to accept the argument of the appellant-husband that he had tied the knot a second time in 2004 after attaining the consent of his first wife. He had married for the first time in May 1978.
The bench noted that the second marriage failed in 2005 and later in 2010, the first wife filed a case of cruelty against the husband under Section 498A.
The bench ruled that though the husband entered into second marriage with the consent of his first wife, merely entering into a second marriage itself would amount to cruelty to the first wife.
The Court held, “As a common knowledge, such second marriage is not tolerated by any wife and that is why entering into second marriage itself amounts to cruelty to the first wife giving her reason to live separately and giving cause of action to file complaint cases under Section 498A.”
The bench also said that merely lodging criminal cases under Section 498A by the wife cannot be often taken as cruelty to the husband.
The Court observed this while hearing an appeal filed by the husband challenging a July 2017 order of a Family court at Sheikhpura dismissing his divorce plea.
According to the husband’s plea, he had married his first wife in 1978. However, since his wife’s behaviour changed towards him after the birth of her daughter, the couple started living separately. In 2004, he entered into second marriage after obtaining prior consent of his first wife.
In 2010, the first wife took legal action by filing a complaint under Section 498A and Sections 3 and 4 of the Dowry Prohibition Act. She also filed a second criminal case against her husband under Section 498A.
The husband, therefore, gave an application for anticipatory bail in both cases. The High Court allowed his bail plea but also directed him to pay ₹5,000 per month to his first wife in the form of maintenance. Moreover, an additional amount of ₹5 lakh was ordered to be paid for the marriage of his daughter.
The daughter got married in 2013 after which he requested his wife to file her consent for mutual divorce. However, the same was rejected.
Later, he filed for divorce on grounds of cruelty under Section 13 of the Hindu Marriage Act, 1955. He alleged that the cases filed against him by his first wife were totally baseless and false and were made with the intention to harass him.
The Family Court rejected the plea prompting the present appeal before the High Court.
The High Court ruled that the husband couldn’t provide evidence to support his claim that the two cases filed by his first wife against him under Section 498A were false and concocted and were filed with a purpose of harassing him.
The bench further said, “As such, we find that there is no merit in the present appeal warranting any interference in the impugned judgment. The Family Court has rightly dismissed the matrimonial case of the husband seeking divorce. The present appeal is dismissed.“
Based on these observations, the bench dismissed the appeal filed by the husband.
Advocate Ashok Kumar Garg represented the Husband while Advocate Shree Kant Pandey appeared for the wife.
News Source: https://www.barandbench.com/news/wife-file-complaint-section-498a-ipc-cruelty-consent-husband-second-marriage-patna-high-court
