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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

The Calcutta High Court’s recent ruling on marriage after obtaining a divorce by fraud has generated significant interest and discussion in legal and social circles in India. The case in question involved a man who had concealed information about his previous marriage and divorce from his second wife, whom he later abandoned. The woman, feeling deceived and betrayed, filed a case against him, accusing him of cheating and bigamy.

The court, in its judgment, observed that marriage is a sacred institution and must be entered into with full knowledge and consent of both parties. The court noted that the man had intentionally hidden the fact of his previous marriage and divorce from the woman, and had thereby cheated her into marrying him. The court also highlighted that Indian law prohibits a person from remarrying without legally dissolving their previous marriage. As such, the man’s second marriage was deemed illegal, and he could be charged with bigamy and cheating.

The ruling has important implications for cases involving marriages that have been obtained by fraud or misrepresentation. It reinforces the principle that honesty and transparency are essential in all relationships, particularly in the context of marriage. The court’s decision also serves as a warning to individuals who may be tempted to deceive their partners, as such actions can have serious legal and social consequences.

Marriage is considered a sacred bond in Indian culture, and the institution of marriage is highly valued. However, incidents of fraud, deceit, and misrepresentation have become increasingly common in recent years, leading to a rise in cases of divorce and legal disputes. The court’s ruling on the matter underscores the importance of ensuring that individuals enter into marriages with full knowledge of their partner’s history and intentions.

Furthermore, the court’s decision also highlights the need for greater legal protections for individuals who are victimized by deceitful partners. The ruling emphasizes that marriage is not just a personal matter but also a legal one and that any breach of trust can have legal repercussions.

In conclusion, the Calcutta High Court’s ruling on marriage after obtaining a divorce by fraud serves as a critical reminder of the importance of transparency, honesty, and respect in all relationships. The judgment has far-reaching implications for Indian society, underscoring the need for greater awareness and legal protections to safeguard individuals against deceitful and fraudulent behavior in the context of marriage.

Written by Nidhi bhadauriya, a 2nd semester BA.LLB student from Vivekananda institute of professional studies


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