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Wife can file complaint under Section 498A IPC for cruelty even if she has consented to husband's second marriage: Patna High Court

Team SoOLEGAL 5 Sep 2023 1:32pm

Wife can file complaint under Section 498A IPC for cruelty even if she has consented to husband's second marriage: Patna High Court

New Delhi: Recently, a division bench of the Patna High Court comprised of Justices P.B. Bajanthri and Jitendra Kumar ruled that having a second marriage even with the consent of the first wife may constitute cruelty.

In the aforementioned matter, the Court was dealing with an appeal challenging the Family Court's judgment and order, by which the Appellant's petition for divorce under Section 13 of the Hindu Marriage Act, 1955, was dismissed on contest.

According to the husband's plea, he married his first wife in 1978. However, once her attitude towards him shifted with the birth of his daughter, they started living separately. He married for the second time in 2004, with the approval of his first wife.

In 2010, the Respondent's wife filed a complaint case for the offences punishable under Section 498A of the IPC and Sections 3 and 4 of the Dowry Prohibition Act.

However, in both cases, the husband sought anticipatory bail. Herein, the bench emphasized that it is an established legal principle that the Court should only examine the allegations in the complaint and any accompanying documents to determine whether a complaint presents a valid cause of action. The evaluation of the complaint should be substantive, not merely formal. It is not acceptable to use deceptive drafting to give the appearance of a cause of action. The complaint must unequivocally demonstrate that the complainant has a legitimate right to initiate legal proceedings.

The bench ruled that the Appellant had no legal basis to file the divorce petition in Family Court. It is surprising that the Family Court continued with such a divorce petition that lacked any cause of action for dissolution of marriage, wasting time in conducting the trial when there was no need for a trial and the petition should have been rejected at the threshold under Order 7 Rule 11 of the CPC.



Tagged: Patna High Court   Under Section 498A  
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