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Can a Man in a Void Second Marriage Be Treated as 'Husband' for Dowry Death and Cruelty Offences Under Sections 80 & 85 of the BNS? Answered: Allahabad High Court

23 Jul 2026 5 min read
Can a Man in a Void Second Marriage Be Treated as 'Husband' for Dowry Death and Cruelty Offences Under Sections 80 & 85 of the BNS? Answered: Allahabad High Court

The Allahabad High Court has held that a man whose second marriage is void because his first marriage was still subsisting cannot ordinarily be treated as a "husband" for the purposes of Section 80 of the Bharatiya Nyaya Sanhita, 2023 relating to dowry death and Section 85 of the Bharatiya Nyaya Sanhita, 2023 relating to cruelty. However, the Court clarified that this principle will not apply in certain exceptional situations,…

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