HC on Husband's Second Marriage: Patna High Court Rules Wife Can File Complaint for Cruelty Even After Giving Consent for Husband’s Second Marriage

The bench noted that the first wife filed a petition under Section 498A against the husband for treating her cruelly in 2010, after the second marriage ended in divorce in 2005.

Representative Image. (photo credit: IANS)

The Patna High Court ruled that a wife could still accuse her husband of cruelty under Section 498A of the Indian Penal Code (IPC) even if she approved his second marriage. The contention of the appellant-husband that he had performed a second marriage in 2004 after obtaining prior consent from his first wife, whom he had married in May 1978, was rejected by a division bench of Justices Pavankumar Bajanthri and Jitendra Kumar. The bench noted that the first wife filed a petition under Section 498A against the husband for treating her cruelly in 2010, after the second marriage ended in divorce in 2005. The court determined that even if husband allegedly married for the second time with the approval of his first spouse, the act of getting married a second time would still be cruel to the first spouse. HC on Drunk Husband: Mental Cruelty to Wife and Kids If Husband Spends Time on Excessive Drinking Instead of Fulfilling Family Responsibilities, Says Chhattisgarh High Court. 

HC on Cruelty Against Wife

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