Sep 23, 2017
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Matrimonial Offences In India

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Matrimonial offences under Indian Penal Code in India are offences relating to marriage, which also include cruelty of husband or relative of husband on wife, its also includes the matters relating to cohabitation by man deceitfully, marrying again, fraudulently  gone through marriage ceremony, adultery, criminal intent,cruelty and so on.

Matrimonial offences as defined under IPC (Indian Penal Code)

Offences Relating to Marriage (Chapter-XX)  or  Matrimonial offences

  • Cohabitation caused by a man deceitfully inducing a belief of lawful marriage shall made punishable. Punishment shall be imprisonment of either description for a term which may extend to ten years. And  it shall also be liable to fine (Section 493)
  • Marrying again during lifetime of husband or wife shall made punishable. Punishment shall be imprisonment for a term which may extend to seven years. And it shall also be liable to fine (Section 494)
  • Same offence with concealment of former marriage from person with whom subsequent marriage so contracted shall made punishable. Punishment for same will be imprisonment of either description for a term which may extend to ten years. And it shall also be liable to fine (Section 495)
  • Marriage ceremony fraudulently gone through without lawful marriage shall  made punishable. Punishment for same will be imprisonment of either description for a term which may extend to seven years.  And it shall also be liable to fine(Section 496)
  • Adultery  made punishable  with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor. (Section 497)
  • Enticing or taking away or detaining with criminal intent a married woman shall made punishable. Punishment  for same will be imprisonment of either description for a term which may extend to two years,or with fine, or with both. (Section 498)

Cruelty by Husband ( Chapter XX-A)

Section 498A – Husband of a woman subjecting her to cruelty

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 to meet such demand. Therefore, Chapter xx-A, I.P.C. was added in the year 1983.

(Other sections might be applicable depends upon facts and circumstances of the cases)

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Article Categories:
Divorce · Family Law

Renuka is a Final Year LL.B. student at Siddharth College of Law. She has done her Bachelors in Banking & Insurance and has also completed her Masters in Business Management . She likes to participate in legal workshops and Moot Courts. Besides her interest in law, she has a keen aptitude for legal research and is good at putting her analysis into words.

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