Recently, The Bombay HC ruled that marrying another woman without the wife’s consent is cruelty.

The bench of Justices Sunil B. Shukre and M.W. Chandwani stated that “marrying another woman by the husband during the existence of his first marriage is something which is most likely to cause trauma and grave injury to the mental health of the first wife, unless it has been done with the consent of the first wife.”

In this case, each of the applicants nos. 1 to 5 have treated non-applicant no. 2 (1st wife), the complainant, consistently with severe cruelty. According to the wife, the husband i.e. applicant no. 1 did not spare her even when she was pregnant and forcibly committed repeated acts of sexual intercourse with her with vengeance. 

Because of that, the complainant wife miscarried the fetus and lost her child. In fact, the complainant had pleaded with her husband not to indulge in those acts because of the condition of the complainant but, her husband was relentless.

The bench observed that “when a husband performs the second marriage while his first marriage is alive, a question arises as to whether such an act on the part of the husband would amount to cruelty within the meaning of Section 498-A of the IPC. As per explanation to Section 498-A of the IPC, cruelty means; any wilful conduct of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (mental or physical) of the woman. It also includes harassment caused with a view to coercing the woman or any person related to her to meet any unlawful demand for any property or valuable security.”

High Court stated that, “marrying another woman by the husband during existence of his first marriage is something which is most likely to cause trauma and grave injury to the mental health of the first wife, unless it has been done with the consent of the first wife. If the act of performance of second marriage during subsistence of the first marriage is not interpreted as amounting to cruelty contemplated under Section 498-A of the IPC, it would frustrate the legislative intent to prevent the torture to a woman by her husband or by relative of her husband and, therefore, that interpretation has to be adopted which sub-serves the object sought to be achieved by the Legislation.”