SEC. 498a AND 494 IPC- BY SECOND WIFE

COMPLAINT BY SECOND WIFE WHO FIELD CASE THAT THE HUSBAND SUPPRESSING FIRST MARRIAGE, MARRIED HER AND SUBJECTED HER FOR ADDITIONAL DOWRY HARASSMENT, IS MAINTAINABLE ?. AS THERE IS NO CLEAR DEFINITION IN THE SECTION FOR THE WORD "HUSBAND" - INCLUDING SUCH PERSONS WHO CONTACT MARRIAGE OSTENSIBLY AND COHABITATE WITH A WOMAN, [IT IS JUST AND NECESSARY TO INCLUDE THE HUSBANDS OF SUCH WHO IN PURPORTED EXERCISE OF HIS ROLE AND STATUS AS "HUSBAND" TO COVER A PERSON WHO ENTERS INTO MARITAL RELATIONSHIP AND UNDER COLOR OF SUCH PROCLAIMED HUSBAND SHOULD BE ADDED] , is not a ground to exclude for the offences of 498A and 304B - supression of mischief rule can be pressed into service.

Section 494. Marrying again during lifetime of husband or wife Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Exception-This section does not extend to any person whose marriage with such husband or wife has been declare void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

498A. Husband or relative of husband of a woman subjecting her to cruelty. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation-For the purpose of this section, "cruelty" means- (a) Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical) of the woman; or (b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her meet such demand.] Section 494. Marrying again during lifetime of husband or wife Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Exception-This section does not extend to any person whose marriage with such husband or wife has been declare void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge. 2010 [1] ALD SC 331