Does Section 498-A applies for Harassment and Cruelty to Second Wife (Illegally Wedded) ?

Harassment and Cruelty to Second Wife (Illegally Wedded), Does Section 498-A applies ?
MADHYA PRADESH HIGH COURT
(Gwalior Bench)

Before :- Anil Sharma, J.
9.12.2011.

Mahesh Kumar Dhawan - Petitioner
Versus
State of M.P. and another - Respondents

Husband contracting second marriage by suppressing first marriage - Second wife would not be legally wedded wife - Sexual intercourse with second wife - It is not rape.                                     
Husband Contracting second marriage by suppressing the fact of first marriage       - Second wife would not be legally wedded wife - Harassment and cruelty to second wife - Offence under Section 498-A IPC not made out.

A. Indian Penal Code, Sections     375 and   376  - Indian Penal Code, Sections    493,  495 and  375  - Husband contracting second  marriage by suppressing first marriage       - Second wife would not be legally wedded wife         - Sexual intercourse with second  wife - It is not rape under Section 375 IPC - The offence may fall under Section 493 and 495 IPC.

 B. Indian Penal Code, Section    498-A - Indian Penal Code, Section     4  - Criminal Procedure Code, Section     188 - Harassment to wife by husband in UAE    - FIR lodged in India  - Prior sanction of Central Govt. before enquiry not obtained      - In circumstances registration of FIR and investigation illegal.

 C. Indian Penal Code, Section      498-A  - Husband Contracting second marriage by suppressing the fact of first marriage -  Second wife would not be legally wedded wife       - Harassment and cruelty to second wife - Provisions of Section 498  -A, would  not apply.

Please refer to citation for more details. The above said petition was allowed.

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