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.
COMMENTS