[S. 498A IPC] Second Wife Not Guilty Of Cruelty Merely Because Husband Married Her During Lifetime Of First Wife: Calcutta High Court

The Calcutta High Court has quashed a case against a man's second wife, under various sections of the IPC including Section 498A (cruelty), Section 494, 406 and Section 506, as well as under Sections 3/4 of the Dowry Prohibition Act by his first wife.

Justice Shampa (Dutt) Paul quashed the charges and held: "Offence alleged under Section 494 of IPC is applicable to the person who has married for the second time, during the life time of his spouse in a valid marriage. none of the offences alleged in the said complaint are applicable in respect of the petitioner who admittedly is not the relative of the husband of the complainant."

"The prima facie allegation against the petitioner is that she is the second wife of the husband of the complainant. The said conduct of second marriage is prima facie applicable in respect of the husband of the complainant and the ingredients of the offences alleged are prima facie not applicable in respect of the petitioner herein," she added.

The present petition was filed to quash the proceedings against the petitioner who claimed that the petitioner that the opposite party no. 2 has initiated the present proceedings in a vexatious manner.

Court noted that none of the offences alleged in the said complaint are applicable in respect of the petitioner who admittedly is not the relative of the husband of the complainant. The prima facie allegation against the petitioner is that she is the second wife of the husband of the complainant.

It stated that Section 494 of the Indian Penal Code is applicable to the person who has married for the second time, during the life time of his spouse in a valid marriage, and not to the petitioner in this case.

Court said that the conduct of a second marriage is prima facie applicable in respect of the husband of the complainant and the ingredients of the offences alleged are prima facie not applicable in respect of the petitioner.

It also held that the rest of the offences being under Section 498A/406/506 IPC also are thus prima facie not applicable in respect of the petitioner herein. The ingredients required to constitute the offence under Section 506 IPC are also not present in respect of the petitioner.

As such, it held that the proceedings against the present petitioner are bad in law and permitting such a proceeding to continue would be a clear abuse of the process of law. Thus it quashed the proceedings.

Case: Sagari Hembram -vs- State of West Bengal & another

Case No: CRR 2287 of 2023

Citation: 2024 LiveLaw (Cal) 250

Click here to read order