06 Jul 2026 12:26 PM

Cruelty by Husband or Relatives -- Subsisting First Marriage of Wife -- FIR against second husband's family not maintainable

Indian Penal Code, 1860, S.498A -- Cruelty by Husband or Relatives -- Subsisting First Marriage of Wife -- Family members of a second husband cannot be treated as relatives of the husband within the meaning of Section 498A where the first marriage of the wife subsists on the date of the second marriage. Invocation of Section 498A against such family members is unsustainable. Welfare legislation cannot be weaponised to harass parties or settle personal scores.

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