A single judge bench at Calcutta High Court held that Second Wife Not Liable for Cruelty Simply Due to Husband’s Bigamous Marriage.
From Paras 8-10,
8. 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.
9. 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 herein.
10. As such the proceedings against the present petitioner is bad in law and permitting such a proceeding to continue would be a clear abuse of process of law and in the interest of justice is liable to be quashed.
A single Judge (Lalitha Kanneganti) of Karnataka High Court bench at Bengaluru found out the suppression of material facts (about employment) done by wife and denied Interim Maintenance allowed by Family Court below.
From Para 5,
5. Heard the learned counsel on either sides, perused the entire material on record. This court has perused the affidavit, the affidavit do not disclose any of the reasons that are submitted by the learned counsel for the respondent. This court has perused the material placed before this court and the statement of assets and liabilities that were filed on 15.11.2022. As per the letter dated 02.03.2023 given by the Integrated Project for Development of People (R ) the respondent/wife had come to them with a problem and requested them to provide an opportunity to work in a residential shelter with safety and security with survival purpose and at the same time they were opening Ashakirana Girls Hostel, for the post of Hostel Warden temporary appointment was given on 01.08.2022 with a nominal honorarium to lead her personal life and after 11th April they are closing the residential hostel due to new norms at CCI Government Rules. Even the 2nd affidavit which is filed before the court below, with suppression of material facts and looking at both the affidavits filed by respondent/wife this is a fit case where proceedings have to be initiated for perjury against her. The husbands salary is Rs.90,000/-. Both the children are grown up and pursuing their graduation are living with the father. He has lost his brother and he has to take care of education of the niece and also has to take care of mother. The respondent/wife has come to the courts with unclean hands by suppressing all the material facts. Considering all these facts, this court is of the view that the respondent/wife is not entitled for any interim maintenance and the other allegations that is levelled by the husband which are serious in nature are pending consideration before the court below. At this stage in the considered opinion of this court, the respondent/wife is not entitled for any relief.
Index of Maintenance Judgments u/s 125 Cr.P.C. is here.
This page contains some Publicly available Legal Research tools that can help to extract valuable information that can be presented in Courts as evidence and also during filling/filing of Income, Assets and Liabilities Affidavit as per Rajnesh Vs Neha judgement of the Apex Court.
MASTER Index is here.
Bad Behavior has blocked 278 access attempts in the last 7 days.
