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Synopsis

The Bombay High Court has refused to quash an FIR against a man and his mother for cruelty and marrying another woman.

The division bench of the high court comprising Justice AS Gadkari and Justice Neela Gokhale, while refusing to quash the FIR, noted that the man had admitted to marrying another woman.

The couple from Sangli got married in 2002 and had a child in 2004. The wife alleged that the husband, her mother-in-law, brother-in-law, and the wife of her brother-in-law committed cruelty on her.

The wife alleged that she was forced to undergo abortions thrice. Furthermore, when she refused to opt for the abortions, she was beaten with hot iron rods by her mother-in-law.

She added that her mother-in-law demanded ₹25 lakhs from her. Later, the wife was asked to leave the house, and the husband then married another woman.

The high court, while refusing to quash the FIR, said that the petitioner brazenly relied on the statement of his second wife. 

"It is admitted by both counsels that there is a second wife. In fact, we are surprised that it is the petitioners who brazenly rely on the statement of the second wife. It is nobody's case that the parties have divorced. The husband himself admits that the petition for divorce is pending. In these circumstances, the husband has even committed the offence of bigamy, which, besides inviting separate prosecution, is also cruelty to the woman," the order reads. 

The bench noted that the allegations against the husband and mother-in-law were specific, but the allegations against the brother-in-law and his wife were vague.

Therefore, the bench refused to quash the FIR against the husband and mother-in-law but quashed the FIR against the brother-in-law and his wife.

Case title: Sanjay Ananda Vibhute & Ors vs State of Maharashtra & Anr