What is abuse of matrimonial and gender biased laws? A classic example of the same has been reported from Pune, where a woman when caught of remarrying without divorcing first husband legally, slapped domestic violence charges on husband number 2.
However, husband number 1 has now filed a case against his legally wedded wife, charging her of bigamy under IPC Section 494.
Case:
The accused woman is a software engineer by profession who got married to husband number 1 in 2005. The marriage took place against the wishes and knowledge of her father, however, the matter between both families was later settled with the intervention of police.
In 2010, the woman filed a complaint against husband number 1 and his mother under:
- Section 498A (cruelty by husband and in-laws)
- Section 323 (voluntary causing hurt)
- Section 504 (intentional insult)
- Section 506 (criminal intimidation)
…of the IPC. Later the court acquitted the husband and his mother from all charges in the year 2016. After this, the woman filed for maintenance at the family court, which was dismissed on account of her absence during the hearings.
Husband number 1 once again tried to mend the marriage and filed for restitution of conjugal rights under the Hindu Marriage Act. However, the woman did not remain present for this case as well. In 2018, the court ordered her to resume her matrimonial duties back with the husband to which the woman refused. The woman did not return and also there was no legal divorce between the two.
Woman Remarries Without Divorce
The woman got remarried without obtaining legal divorce from husband number 1. When husband number 2 learnt about this, he moved court by filing a petition for nullity of the marriage. However, the woman slapped a charge of domestic violence against husband number 2 after his petition.
Husband Number 1 Files Bigamy Case
When husband number 1 learnt of his wife’s remarriage, he was shocked and subsequently filed a case of bigamy under IPC Section 494 terming the second marriage as null and void as per Hindu Marriage Act.
Husband number 2 also moved court with evidences on record showing first marriage.
Woman’s Defence
In her statement before court, the woman said that she took customary divorce (sod-chitti) from the complainant before Kakkayya Samaj, Baramati. The complainant’s lawyer called her statement false.
The court has now asked her to file a written statement.
Statement by Lawyers (of 1st Husband)
Advocate Pushkar Patil, Karishma Patil and Anuj Mantri represented the husband. Advocate Pushkar said,
As soon as second husband filed a nullity petition, she filed a case of domestic violence against him which is a classic example of abuse of law. Our client, first husband, was already dragged into a false case earlier and had been acquitted. The woman remarried without divorce. The judicial officer passed issue process order in the case.
ALSO READ –
http://voiceformenindia.com/in-the-law/gujarat-man-seeks-wifes-custody-she-turns-up-with-new-hubby/
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