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following Islam without informing wife does it amounts to cheating?
27-Dec-2023 (In Divorce Law)
Hello Sir, I have a question regarding ipc 420. Suppose a person was born and brought up in a Hindu family, maintained his identity as a Hindu and marries a Hindu girl according to Hindu rituals. Now if the girl complains that her husband cheated her by secretly following Islam but did not inform her before marriage, can this be considered as cheating under 420? How can such an allegation be proved? If proved what can the punishment be?,
Charges under Section 420 IPC require the transfer of a valuable security, i.e. the person cheated should have been induced to hand over money in some form.
Other penal provisions can be attracted and this would also constitute a sufficient ground for divorce. The punishment under the IPC will not be severe if at all a conviction is made.
In a criminal trial it will be the duty of the prosecution to prove the case. It would be better to file for a divorce and maintenance instead.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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