Promise Of ‘Marriage After Divorce’ By Itself Does Not Amount To Cheating: Calcutta High Court Sets Aside Conviction Of Man In Case Under Section 417 IPC
1 year, 10 months ago

Promise Of ‘Marriage After Divorce’ By Itself Does Not Amount To Cheating: Calcutta High Court Sets Aside Conviction Of Man In Case Under Section 417 IPC

Live Law  

The Calcutta High Court recently set aside trial court's decision to convict under Section 417 of IPC a man accused of inducing a woman to have sexual relation with him on the promise to marry her after the dissolution of his previous marriage. According to prosecution case, the victim had agreed to live together with the appellant as there was a promise made by him to marry her, after the dissolution of his first marriage. 1 when stated that accused person had unveiled his unhappy married life, and his status as father of his daughter, it cannot be said by any stretch of imagination that there was concealment of fact resulting into deception,” said the court It further observed that the prosecution has not been able to prove that since the inception the accused person had this evil design to exploit the victim both financially and sexually. Thus, the court set aside the impugned conviction order passed by the Trial Court and acquitted the appellant for the alleged offence under Section 417 of IPC.

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History of this topic

Rape cases involving false marriage promises need clear evidence: Delhi HC
2 weeks, 5 days ago

Rape cases involving false marriage promises need clear evidence: Delhi HC

Hindustan Times  

The Delhi high court has acquitted a man in a rape case, ruling that a long-term consensual sexual relationship does not automatically imply the woman’s consent was solely based on a promise of marriage. A bench of justice Jasmeet Singh emphasised that a conviction for rape under the false pretence of marriage requires strong evidence proving the relationship was established …

Punjab & Haryana HC Upholds Husband's Divorce Decree Against Wife Who Forced Him To Live Separately From His Parents
3 weeks, 1 day ago

Punjab & Haryana HC Upholds Husband's Divorce Decree Against Wife Who Forced Him To Live Separately From His Parents

Live Law  

The Punjab & Haryana High Court upheld the divorce decree granted to the husband against wife for committing cruelty on the ground that she insulted and pressurised her husband to get separated from his family. The Family Court had granted divorce on the ground that the wife had committed cruelty against husband by pressurizing him to get separated from his …

Alleging Rape On False Promise Of Marriage Is 'Baseless' When Complainant Lady Was Already Married And Not Divorced: Kerala High Court
3 weeks, 1 day ago

Alleging Rape On False Promise Of Marriage Is 'Baseless' When Complainant Lady Was Already Married And Not Divorced: Kerala High Court

Live Law  

The Kerala High Court has reiterated that the offence of 'rape on the false promise of marriage' would not stand when the complainant lady was already married and continuing in that marriage at the time. It is true that offering marriage and subjected a lady to sexual intercourse on that promise of marriage would amount to obtaining consent by misconception …

If A Man's Intention While Making Promise To Marry Is To Deceive A Girl Into Sexual Relations, Her Consent Gets Vitiated: Bombay High Court
3 weeks, 4 days ago

If A Man's Intention While Making Promise To Marry Is To Deceive A Girl Into Sexual Relations, Her Consent Gets Vitiated: Bombay High Court

Live Law  

When the promise to marry is false and the intention of the maker at the time of making the promise itself was not to abide by it but to deceive her to convince her to engage in sexual relations, there is a 'misconception of fact' and the same 'vitiates' the girl's consent, the Bombay High Court held recently while upholding …

'Presumption That Woman Engages In Intimacy Only To Marry Is Patriarchal': Orissa HC Questions Criminalising Sex On False Promise Of Marriage
3 weeks, 6 days ago

'Presumption That Woman Engages In Intimacy Only To Marry Is Patriarchal': Orissa HC Questions Criminalising Sex On False Promise Of Marriage

Live Law  

The Orissa High Court has questioned the underlying presumption behind criminalisation of sex on 'false promise of marriage' and held that the assumption that a woman engages in acts of intimacy with a man only as a 'prelude' to marriage is a patriarchal thought and not a principle of justice. To assume otherwise is to deny women the full measure …

'Failure Of Love Not A Crime': Orissa HC Quashes Rape Charges Against Man Accused Of Sex On False Promise Of Marriage
3 weeks, 6 days ago

'Failure Of Love Not A Crime': Orissa HC Quashes Rape Charges Against Man Accused Of Sex On False Promise Of Marriage

Live Law  

The Orissa High Court has quashed rape charges against a man who was accused of having repeated sex with a woman/complainant stretching over a period of about nine years on false promise of marriage. The Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi said that non-culmination of the relationship into marriage may be a source of personal grievance but not …

Familial Relationship Between Prosecutrix And Accused Doesn't Negate Possibility Of 'Promise Of Marriage': Delhi HC Refuses To Quash Rape FIR
1 month, 2 weeks ago

Familial Relationship Between Prosecutrix And Accused Doesn't Negate Possibility Of 'Promise Of Marriage': Delhi HC Refuses To Quash Rape FIR

Live Law  

While refusing to quash an FIR under Section 376 IPC for false promise of marriage, the Delhi High Court observed that the nature of the relationship between the parties is a crucial factor in determining whether there was any promise of marriage and whether the consent was vitiated by a misconception of fact. Justice Chandra Dhari Singh was considering the …

Mere Refusal To Marry Does Not Constitute Offence Of Cheating Unless Ingredients U/S 90 Of IPC Are Met: Gauhati High Court
1 month, 3 weeks ago

Mere Refusal To Marry Does Not Constitute Offence Of Cheating Unless Ingredients U/S 90 Of IPC Are Met: Gauhati High Court

Live Law  

The Gauhati High Court recently set aside the judgment and sentence order passed by a Trial Court under Section 417 of IPC on the ground that mere refusal to marry would not constitute an offence under Section 417 of IPC until and unless the requirement under Section 90 of IPC is established by the prosecution. The single judge bench comprising …

Supreme Court orders ’gold-greedy’ groom to pay ₹3 lakh to bride as harassment compensation, 19 years after marriage
1 month, 3 weeks ago

Supreme Court orders ’gold-greedy’ groom to pay ₹3 lakh to bride as harassment compensation, 19 years after marriage

Live Mint  

The Supreme Court has asked a man to pay ₹three lakh in compensation to his bride, whom he harassed for dowry, following a 19-year legal battle, reported Times of India. Incidentally, the couple's marriage ended within just three days after the groom demanded dowry, which led to his conviction and an eventful jail time, added the report. According to the …

'Consensual Relationship Turned Sour': Madras High Court Acquits Man Convicted For Committing Rape On False Promise Of Marriage
1 month, 3 weeks ago

'Consensual Relationship Turned Sour': Madras High Court Acquits Man Convicted For Committing Rape On False Promise Of Marriage

Live Law  

The Madras High Court has recently quashed a case against a 26-year-old man who was convicted and sentenced for allegedly raping his partner on a false promise to marry. The court also noted that the victim's statement revealed that the couple's physical relationship was not merely due to the alleged promise to marry and that the couple shared a good …

Supreme Court Order Expediting Divorce Proceedings Cannot Be Taken To Deprive Wife Of Her Right To Contest: Allahabad High Court
2 months ago

Supreme Court Order Expediting Divorce Proceedings Cannot Be Taken To Deprive Wife Of Her Right To Contest: Allahabad High Court

Live Law  

Recently, the Allahabad High Court has held that order passed by the Supreme Court expediting divorce proceedings cannot be a ground to deprive the wife of her right to contest divorce proceedings. Subsequently, appellant-wife approached the Supreme Court seeking transfer of proceedings to Kanpur Nagar, UP, which was allowed with an observation “to make all endeavour to dispose of the …

Rape On False Marriage Promise A Reprehensible Offence, Act Can't Be 'Executed' By A Subsequent Marriage Offer : Allahabad HC
2 months ago

Rape On False Marriage Promise A Reprehensible Offence, Act Can't Be 'Executed' By A Subsequent Marriage Offer : Allahabad HC

Live Law  

The Allahabad High Court has observed that the act of sexual exploitation under the false promise of marriage is a reprehensible offence which reduces the victim to an object for someone's personal gratification. This Court is of the view that the applicant's act cannot be executed by a subsequent offer of marriage,” the single judge observed in its order denying …

Calcutta High Court grants divorce decree to husband for 'Imposition' of wife's friend, family on him
Trending News
2 months, 3 weeks ago

Calcutta High Court grants divorce decree to husband for 'Imposition' of wife's friend, family on him

The Hindu  

The Calcutta High Court has granted a divorce decree to a husband on the grounds of cruelty, which includes "imposition" of the wife’s friend and family on him and lodging of a false case of matrimonial cruelty by her. "Such imposition of friend and family of the respondent on the husband at his quarter against his will, sometimes even when …

Kolkata man granted divorce over 'imposition' of wife's friend, family on him
2 months, 3 weeks ago

Kolkata man granted divorce over 'imposition' of wife's friend, family on him

India Today  

The Calcutta High Court has granted a divorce decree to a husband on the grounds of cruelty, which includes "imposition" of the wife’s friend and family on him and lodging of a false case of matrimonial cruelty by her. "Such imposition of friend and family of the respondent on the husband at his quarter against his will, sometimes even when …

Misconceived Consent Obtained On False Promise Of Marriage Constitutes Rape Under IPC: J&K High Court
3 months ago

Misconceived Consent Obtained On False Promise Of Marriage Constitutes Rape Under IPC: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated the legal principle that a promise to marry made with no intention of fulfillment, which induces consent for sexual intercourse, amounts to consent obtained under a misconception of fact. Dismissing a plea by one accused Sat Paul, seeking quashing of the FIR filed against him for alleged offences under Sections …

"Vague Allegations": Calcutta High Court Quashes Case Against Man Accused Of Abetting Wife's Suicide Over Dowry Demand
Trending News
3 months, 1 week ago

"Vague Allegations": Calcutta High Court Quashes Case Against Man Accused Of Abetting Wife's Suicide Over Dowry Demand

Live Law  

The Calcutta High Court has quashed a case for abetment of suicide against a man who was accused of abetting his wife's suicide after 15 years of marriage, over the demand of dowry. In quashing the case against the accused, the court noted: "It appears from the record that the sister of defacto complaint/opposite party no.2 committed suicide after 14 …

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant
Trending News
3 months, 1 week ago

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant

Live Law  

The Calcutta High Court has quashed a case of alleged rape filed by a woman, against a man, who she was in a consensual relationship with. The court said: From the said materials, in the case diary, this Court finds that the de facto complainant was aware that the petitioner was not interested in marriage but still continued the relationship …

For divorces in India, the process is the punishment
3 months, 1 week ago

For divorces in India, the process is the punishment

India Today  

On July 15, 2024, the legal counsel of Omar Abdullah, the now Chief Minister of Jammu and Kashmir, said in the Supreme Court that his marriage had been irretrievably "dead" as he and his spouse had lived apart for 15 years. HOW DIVORCE LAWS MISUSED IN INDIA, PROCESS IS PUNISHMENT "Let’s start with how, after filing for divorce, a person …

Bihar man tries to get married amid pending divorce case. After his wife came to know about it, THIS happened
3 months, 1 week ago

Bihar man tries to get married amid pending divorce case. After his wife came to know about it, THIS happened

Live Mint  

Bihar: Weddings can have either happy, or sad endings. Here is how a Bihar man's wedding story ended on a sour note, after his first wife discovered the man's marriage plans. While the divorce between Sekha and Manoj is still pending, Manoj’s father Basuki Pandit and other family members arranged a second marriage for him. How the wedding got cancelled …

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App
3 months, 2 weeks ago

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App

Live Law  

Observing that “there cannot be promise of marriage held on to a lady, who was already married,” the Karnataka High Court quashed a rape case registered against a man by a woman whom he met on 'bumble app' where the woman had in her profile projected herself to be a divorced lady. The complainant was already married and had projected …

Know The Law | When Can Sex On Promise To Marry Amount To Offence Of Rape?
Trending News
3 months, 3 weeks ago

Know The Law | When Can Sex On Promise To Marry Amount To Offence Of Rape?

Live Law  

Recently, the Supreme Court expressed concern over the 'worrying trend' of initiating criminal proceedings under rape charges soon after a proloned consensual relationship breaksdown. Consent known to be given under fear or misconception- A consent is not such a consent as it intended by any section of this Code, if the consent is given by a person under fear of …

Know The Law | When Can Sex On Promise To Marry Amount To Offence Of Rape?
Trending News
3 months, 3 weeks ago

Know The Law | When Can Sex On Promise To Marry Amount To Offence Of Rape?

Live Law  

Recently, the Supreme Court expressed concern over the 'worrying trend' of initiating criminal proceedings under rape charges soon after a proloned consensual relationship breaksdown. Consent known to be given under fear or misconception- A consent is not such a consent as it intended by any section of this Code, if the consent is given by a person under fear of …

Man Cannot Be Held Guilty Of False Promise To Marry When Victim Willingly Consented To Physical Relationship: Calcutta High Court
4 months, 1 week ago

Man Cannot Be Held Guilty Of False Promise To Marry When Victim Willingly Consented To Physical Relationship: Calcutta High Court

Live Law  

The Calcutta High Court has held that when an adult victim knowingly and willingly consented to sexual relations with a man, the man cannot later be held guilty for committing the offence of rape on the pretext of marriage. The victim lady being an adult was aware of the consequences of such relationship and denial on the part of the …

SC Quashes Case Against Man For Rape on False Promise of Marriage: Bench Sets Aside High Court Order
5 months ago

SC Quashes Case Against Man For Rape on False Promise of Marriage: Bench Sets Aside High Court Order

News 18  

The Supreme Court has quashed a case filed against a man for rape on false promise of marriage. The court found that there was a huge irregularity between the statements of the complainant that the accused ‘established physical relationship with her without her consent’ and ‘started living with her as her husband’. The bench also noted that it was evident …

Long Separation Coupled With Criminal Prosecution Without Any Desire To Retrieve Relationship Shows Irretrievable Breakdown Of Marriage: Allahabad HC
6 months, 1 week ago

Long Separation Coupled With Criminal Prosecution Without Any Desire To Retrieve Relationship Shows Irretrievable Breakdown Of Marriage: Allahabad HC

Live Law  

The Allahabad High Court has held that long separation coupled with criminal prosecution and harsh words without any desire to retrieve the matrimonial relationship shows an irretrievable breakdown of marriage. While dealing with a matrimonial case of 21 years of separation, the bench comprising of Justice Saumitra Dayal Singh and Justice Donadi Ramesh held “Desertion suffered over long years in …

‘Marriage Can’t Survive False Criminal Charges’: Allahabad HC Dissolves Marriage Over Fake Dowry Charges
6 months, 2 weeks ago

‘Marriage Can’t Survive False Criminal Charges’: Allahabad HC Dissolves Marriage Over Fake Dowry Charges

News 18  

The Allahabad High Court recently observed that no male or female spouse can be expected to continue in a marital relationship at the risk of malicious criminal prosecution as it dissolved the marriage between a couple. The court noted that in the case at hand, the wife had lodged a criminal complaint against her husband and his family members, accusing …

'Consensual Relationship without Misconception of Fact': Kerala HC Quashes Rape Case Filed after 13 Years
8 months ago

'Consensual Relationship without Misconception of Fact': Kerala HC Quashes Rape Case Filed after 13 Years

News 18  

The Kerala High Court has quashed the criminal proceedings against a man accused of rape, in a case filed after 13 years of the alleged incident, concluding that the sexual intercourse was consensual and not based on any misconception of fact. The court observed that no formal complaint was filed until 2017, with the first alleged incident occurring 13 years …

Rape On False Promise To Marry | Factors Like Age, Education, Profession Of Both Complainant & Accused Relevant: Punjab & Haryana High Court
8 months, 2 weeks ago

Rape On False Promise To Marry | Factors Like Age, Education, Profession Of Both Complainant & Accused Relevant: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has held that while adjudicating a rape case based on false promise to marry, the Court should take into accounts factors like comparative age of accused and victim, their educational, social and economic background and the nature of their profession.The list is not exhaustive and Court said entirety of facts and circumstances of each …

[False Promise To Marry] Court Must Ensure That Not Only Are 'Women Not Misused, But Equally That Law Is Not Misused Against Men': Madras HC
8 months, 3 weeks ago

[False Promise To Marry] Court Must Ensure That Not Only Are 'Women Not Misused, But Equally That Law Is Not Misused Against Men': Madras HC

Live Law  

While setting aside a conviction in a sexual harassment case, the Madras High Court recently observed that when the victim already knew that the accused was a married man and father of a child, she could not allege that the consent was obtained on a false promise of marriage. The court noted that the prosecution had failed to prove that …

Delhi court sentences 49-year-old man to 10 years of RI in child marriage and rape case
9 months, 2 weeks ago

Delhi court sentences 49-year-old man to 10 years of RI in child marriage and rape case

New Indian Express  

Apart from the compensation of Rs 10.5 lakh, the court also imposed a fine of Rs 15,000 on the accused. The prosecution had established that the child was a victim of circumstances who was forced into marriage by her maternal grandmother who was the only one in her family to sustain the living. As per the victim’s statement, she was …

Supreme Court Quashes Conviction For Stalking Due To Marriage Between Convict & Complainant
10 months ago

Supreme Court Quashes Conviction For Stalking Due To Marriage Between Convict & Complainant

Live Law  

The Supreme Court recently quashed the conviction of a man for the offence of stalking and criminal intimidation of the Indian Penal Code after noting that the convict and the complainant married each other during the pendency of the appeal before the Supreme Court.The appellant was tried for the offences of sexual harassment,. The Supreme Court recently quashed the conviction …

Live-In Relation A 'Stigma' In Indian Culture; Apathy Towards Matrimonial Duties Gave Rise To This Concept: Chhattisgarh HC
10 months, 2 weeks ago

Live-In Relation A 'Stigma' In Indian Culture; Apathy Towards Matrimonial Duties Gave Rise To This Concept: Chhattisgarh HC

Live Law  

The Chhattisgarh High Court recently observed that live-in relationships, which are followed in certain sects of society, still continue as a “stigma” in Indian culture as such relations are an imported philosophy contrary to the general expectations of Indian Tenets. High Court's observations At the outset, the Court took exception to the appellant's submission that he is entitled to solemnise …

Mere Withdrawal From Marriage Won't Amount To Offence Of Cheating Under Section 417 IPC : Supreme Court
1 year ago

Mere Withdrawal From Marriage Won't Amount To Offence Of Cheating Under Section 417 IPC : Supreme Court

Live Law  

The Supreme Court held that mere non-performance of marriage by the accused at the booked marriage hall doesn't amount to committing an offence of cheating punishable under Section 417 IPC.“We do not see how an offence even under Section 417 of IPC is made out against the present appellant. The Supreme Court held that mere non-performance of marriage by the …

If Consent Of Woman Was Based On False Promise Of Marriage From Inception, Offence Of Rape Is Made Out : Supreme Court
1 year, 1 month ago

If Consent Of Woman Was Based On False Promise Of Marriage From Inception, Offence Of Rape Is Made Out : Supreme Court

Live Law  

To sustain the offence of rape on the ground of false promise of marriage, it must be established that right from the inception, the consent of the woman was obtained based on the false promise, reiterated the Supreme Court. "If it is established that from the inception, the consent by the victim is a result of a false promise to …

Victim's Age Not Proved, POCSO Offence Not Established: Madras HC Sets Aside Man's Conviction For Allegedly Raping Neighbour On False Promise To Marry
1 year, 1 month ago

Victim's Age Not Proved, POCSO Offence Not Established: Madras HC Sets Aside Man's Conviction For Allegedly Raping Neighbour On False Promise To Marry

Live Law  

The Madras High Court recently set aside the conviction and sentence imposed on a man accused of allegedly committing sexual assault on his neighbour on the false promise to marry. Justice KK Ramakrishnan observed that the prosecution had failed to prove the age of the victim girl to constitute an offence under the Prevention of Children From Sexual Offences Act. …

Mere Cheating Will Not Attract S.420 IPC Offence; Accused Must Dishonestly Induce Cheated Person To Deliver Property : Supreme Court
1 year, 1 month ago

Mere Cheating Will Not Attract S.420 IPC Offence; Accused Must Dishonestly Induce Cheated Person To Deliver Property : Supreme Court

Live Law  

The Supreme Court on Monday held that while prosecuting a person for the offence of cheating punishable under Section 420 of the Indian Penal Code, it is to be seen whether the deceitful act of cheating was coupled with an inducement leading to the parting of any property by the complainant. Reversing the concurring findings of the High Court and …

No Case Of Rape By False promise Of Marriage When Marriage Was Solemnised Ultimately: Supreme Court
1 year, 2 months ago

No Case Of Rape By False promise Of Marriage When Marriage Was Solemnised Ultimately: Supreme Court

Live Law  

The Supreme Court, while quashing a criminal case against the accused-appellant for raping a 25-year-old woman on the pretext of marriage, held that there was a consensual relationship that culminated into marriage. Thus, the Court did not find any basis for the allegation that the physical relationship was due to the false promise of marriage as, ultimately, the marriage was …

Lodging False Case U/S 498A IPC Is An Element Of Cruelty By Wife, Cannot Ignore The Same: Calcutta High Court Allows Dissolution Of Marriage
1 year, 2 months ago

Lodging False Case U/S 498A IPC Is An Element Of Cruelty By Wife, Cannot Ignore The Same: Calcutta High Court Allows Dissolution Of Marriage

Live Law  

The Calcutta High Court has recently held that a wife making false allegations against her husband & his family members under section 498A of the IPC would constitute an element of the offence of cruelty, which is a ground for dissolution of marriage under the Hindu Marriage Act.In allowing the husband's plea for dissolution of marriage, a division bench of …

Withholding Mutual Consent for Divorce in Failed Marriage Cruelty: Delhi HC
1 year, 2 months ago

Withholding Mutual Consent for Divorce in Failed Marriage Cruelty: Delhi HC

News 18  

Withholding mutual consent for divorce in a failed marriage or unilaterally withdrawing such consent amounts to cruelty to the other spouse, the Delhi High Court has said while upholding the divorce granted to a husband by a family court here. Such unilateral withdrawal from divorce by mutual consent thus, amounted to cruelty,” the bench, also comprising Justice Neena Bansal Krishna, …

Delhi HC rejects wife’s plea seeking enhanced alimony after separation
1 year, 4 months ago

Delhi HC rejects wife’s plea seeking enhanced alimony after separation

Hindustan Times  

Couples who tend to show affluence before marriage pretend to be paupers after separation, the Delhi high court said while rejecting a plea by the wife seeking enhanced alimony from her husband after they parted ways in 2020 within 10 months of marriage. The wife had approached the Delhi high court seeking an enhancement of monthly maintenance to Rs.2 lakh …

Married Woman Can't Claim Consent To Establish Physical Relations Outside Marriage Obtained On False Promise To Marry: Jharkhand HC Quashes Rape FIR
1 year, 6 months ago

Married Woman Can't Claim Consent To Establish Physical Relations Outside Marriage Obtained On False Promise To Marry: Jharkhand HC Quashes Rape FIR

Live Law  

The Jharkhand High Court has dismissed a rape case filed by a woman who was a married adult, noting that she was fully aware of the potential consequences of engaging in a physical relationship with another person. The court ruled that the accused could not be deemed to have obtained her consent under false pretense, thus quashing the charges based …

Consensual Relationship Continuing For 6 Years, Not Rape: Jharkhand High Court Quashes Case For False Promise To Marry Widowed Sister-In-Law
1 year, 6 months ago

Consensual Relationship Continuing For 6 Years, Not Rape: Jharkhand High Court Quashes Case For False Promise To Marry Widowed Sister-In-Law

Live Law  

The Jharkhand High Court has granted relief to a man accused of raping his widowed sister-in-law under pretext of false to marry her, asserting that prosecutrix was a married woman of legal age, was well aware of the consequences of her relationship with her brother-in-law. Taking into account the accusations outlined in the FIR, which were being substantiated by the …

Money Exchanged 10 Days Before Victim's Death Gives Presumption Of ‘Dowry Death’: Calcutta High Court Upholds Husband’s Conviction
1 year, 6 months ago

Money Exchanged 10 Days Before Victim's Death Gives Presumption Of ‘Dowry Death’: Calcutta High Court Upholds Husband’s Conviction

Live Law  

The Calcutta High Court recently dismissed an appeal filed by a husband and his brother who were convicted by the trial court under Section 498A and 304B of the IPC, for causing the ‘dowry death’ of the victim, who poisoned herself and her daughter in her matrimonial home. Brief Background The appellants had been convicted by the trial court under …

How are ‘false promise to marry’ cases treated in the new criminal law Bill? | Explained
1 year, 6 months ago

How are ‘false promise to marry’ cases treated in the new criminal law Bill? | Explained

The Hindu  

The story so far: If a man promises to marry a woman but never intends to, and still has ‘consensual’ sex with her, it will amount to a criminal offence under Section 69 of the proposed Bharatiya Nyaya Sanhita, 2023. Chapter 5 of the Bill, titled “Offences against woman and children” describes ‘sexual intercourse by employing deceitful means etc.’, as …

Entering Into Second Marriage Even With Wife's Consent May Constitute Cruelty: Patna High Court
1 year, 6 months ago

Entering Into Second Marriage Even With Wife's Consent May Constitute Cruelty: Patna High Court

Live Law  

The Patna High Court has held that entering into a second marriage, even with the consent of the first wife, may constitute cruelty to the first wife, thereby giving her reason to live separately and giving cause of action to file complaint cases under Section 498A of the IPC. "However, as a common knowledge, such second marriage is not tolerated …

Discovering Husband’s Infidelity Shortly After Marriage Can Have Devastating Effects On Mental Well Being Of Woman: Delhi High Court
1 year, 7 months ago

Discovering Husband’s Infidelity Shortly After Marriage Can Have Devastating Effects On Mental Well Being Of Woman: Delhi High Court

Live Law  

Observing that discovering husband’s infidelity shortly after marriage can have devastating effects on the mental and emotional well-being of a woman, the Delhi High Court has denied bail to a husband accused of abetting suicide of his wife who was found dead within 13 days after marriage.Justice Swarana Kanta Sharma observed that the emotional trauma of discovering infidelity and. Observing …

'Not A Case Of False Promise Of Marriage': Gujarat High Court Quashes Second Rape Case Against Man
1 year, 8 months ago

'Not A Case Of False Promise Of Marriage': Gujarat High Court Quashes Second Rape Case Against Man

Live Law  

The Gujarat High Court recently quashed a rape case against a man, observing that the case is of consensual sex. The court said that the complainant was well aware of the pros and cons of the relationship and that no false promise of marriage was given at the early stage. It is not the case that, but for the false …

Consensual sex not rape if promise of marriage broken: Orissa High Court
1 year, 8 months ago

Consensual sex not rape if promise of marriage broken: Orissa High Court

Firstpost  

The Supreme Court order had said that if two persons maintained a physical relationship on an assurance of marriage to the victim, which due to some reasons failed to materialise later, it cannot be called rape with a claim that the promise had been broken, the bench observed. The Orissa High Court has said that if a consensual physical relationship …

Courts Should Not Draw Conclusions At Stage Of Bail About Promise Of Marriage, Such Finding Must Await Evaluation Of Evidence At Trial: Delhi HC
1 year, 9 months ago

Courts Should Not Draw Conclusions At Stage Of Bail About Promise Of Marriage, Such Finding Must Await Evaluation Of Evidence At Trial: Delhi HC

Live Law  

The Delhi High Court on Thursday observed that it is neither appropriate nor feasible for courts to draw any conclusion or return any finding at the stage of bail of an accused as to whether a promise of marriage made to a prosecutrix was false or in bad faith.Justice Anup Jairam Bhambhani added that such a a finding or decision …

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