Cruelty to Wife--Valid Marriage--Under S.85 BNS not Applicable to void ab intio Second Marriage
Prosecution under Section 85 of the Bharatiya Nyaya Sanhita, 2023 (cruelty by husband or his relatives) requires two essential ingredients—a legally valid marital relationship and cruelty arising from such relationship. Where the complainant's first marriage subsists undissolved, the subsequent marriage is void-ab-initio, and Section 85 BNS cannot be invoked. -- Vague, omnibus allegations against separately residing in-laws, without specific attribution of cruelty, constitute abuse of process.
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