Kopar Khairane

According to the Karnataka High Court, a second wife cannot accuse her husband of cruelty

<p>According to the Karnataka High Court, a complaint made by the second wife alleging cruelty or mistreatment by her husband or her in-laws “will not be entertained.”</p>
<p>The Indian Penal Code’s (IPC) Section 498(A), which deals with a married woman being subjected to cruelty, states that any complaints made by a second wife would not be taken into consideration.</p>
<p>A single-judge bench of Justice S Rachaiah ruled that if the complaint is a man’s second wife, their union is “null and void” and hence invalid.<img decoding=”async” class=”alignnone wp-image-91275″ src=”https://www.theindiaprint.com/wp-content/uploads/2023/07/www.theindiaprint.com-karan-johar-teases-new-song-dhindhora-bajere-from-rocky-aur-rani-starring-ranveer-singh-and-alia-bhatt-download-2023-07-23t182018.833.jpg” alt=”” width=”1196″ height=”670″ srcset=”https://www.theindiaprint.com/wp-content/uploads/2023/07/www.theindiaprint.com-karan-johar-teases-new-song-dhindhora-bajere-from-rocky-aur-rani-starring-ranveer-singh-and-alia-bhatt-download-2023-07-23t182018.833.jpg 300w, https://www.theindiaprint.com/wp-content/uploads/2023/07/www.theindiaprint.com-karan-johar-teases-new-song-dhindhora-bajere-from-rocky-aur-rani-starring-ranveer-singh-and-alia-bhatt-download-2023-07-23t182018.833-150×84.jpg 150w” sizes=”(max-width: 1196px) 100vw, 1196px” /></p>
<p>The court overturned a 46-year-old man’s conviction and ruled that the complaint made under section 498-A would not be taken into account once the complainant lady is regarded as the second wife.</p>
<p>“In other words, a complaint filed by the second wife against the husband and her in-laws is not maintainable,” it said.</p>
<p>“The lower courts made a mistake in this area when they applied the law and the principles. Therefore, this court’s involvement in the exercise of its revisional competence is warranted,” it said.</p>
<p>In the state of Karnataka’s Tumakuru district, Vittavathanahalli resident Kantharaju filed a Criminal Revision Petition that the court was now reviewing.</p>
<p>Kantharaju’s second wife, who had a kid with him and lived with him for five years, claimed in her lawsuit that she had been crippled. Her spouse began tormenting her and abusing her as a result of her health problems.</p>
<p>The spouse was found guilty by the Tumakuru Trial Court in January 2019, but Kantharaju filed a revision petition with the High Court the same month.</p>
<p>Cut to the present, where the High Court declared that a second wife was not qualified to make a complaint under Section 498A, reversing the decision of the lower court.</p>

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