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.
Sagari Hembram Vs State of WB and Anr on 19 Nov 2024
Shades of Knife
Disclaimer:
The materials provided herein are solely for information purposes. No attorney-client relationship is created when you access or use the site or the materials. The information presented on this site does not constitute legal or professional advice and should not be relied upon for such purposes or used as a substitute for legal advice from an attorney licensed in your state.
Judgments curated, reproduced from sci.gov.in, judis.nic.in, lobis.nic.in, indiacode.nic.in and other similar Indian High Court and District Court Websites such as ecourts.gov.in, dcourts.gov.in or any other Government websites such as Gazettes and repositories of Government Orders and Commented in accordance with Section 52(1)(q) of the Copyright Act 1957 (India) and any other applicable public disclosure laws/provisions in India and in various other countries.
I neither have control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in entire form, nor I can remove references/links to this document(s) from the results of Search Engines such as Google.com.
Read more gyan here.
Though, I can mask/redacts content (like names of parties from cause title!) from my site, on request for any parties to a case, even though, I am not legally obligated to do so, except for express bar from a Competent Court.
Om Shanthi !!!
Oh, by the way, my competent Legal team delivers time-bound legal reliefs to victims of false family and matrimonial cases at
AnaghaLegalReliefs.in !!! (work-in-progress)
We are on social media too.
Just google for: Anagha Legal Reliefs
