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Regarding IPC 420 case against wife


17-Jul-2024 (In Divorce Law)
Hello Sir .. I got married with a girl before one year back.. Initially one month we spent happily. After she started making distance with me. After some time she starting insulting me and was not picking my call also. Her family is also behaving same. They havent told any reson for that. After some time one of her family member told she does not want to stay with you so give her mutual divorce. We asked about her.. That person was not ready to tell her location also. Then we filed case with section 9 . she did not appear in any hearing but she made false complaints against me(498 a ) and filed section 13 (1) Ia. In counsling she forcefully agreed me for mutual divorce and told she does not want any thing(no money) and not filed FIR, but she is still having jewelry of 10 lacs. Between that period we got proof that that is her second marriage that was the hided by her family. i want to ask that whether can we file case under ipc 420 in matrimonial cases after divorce.
Answers (5)

Answer #1
318 votes

In the context of marriage, cheating can attract legal consequences under various laws in India. While divorce itself is governed by personal laws like the Hindu Marriage Act or the Special Marriage Act, criminal aspects of cheating or misconduct may fall under the Indian Penal Code (IPC).

  • Section 420 IPC deals with cheating and dishonestly inducing delivery of property. It may apply if one spouse deceives the other for financial or property gain.

  • Section 496 IPC can apply in cases of fraudulent marriage, where someone dishonestly goes through a marriage ceremony without intending it to be legally binding.

  • Although Section 497 (Adultery) was once a criminal offense, the Supreme Court struck it down in 2018, decriminalizing adultery but still allowing it as a ground for divorce.

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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
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Answer #2
780 votes
You can file case u/s 494 I.P.C. which is as follows ----494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. (Exception) —This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.
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Advocate Anil Kumar Thakur

Adv. Anil Kumar Thakur

LawRato Indore | 25+ Answers
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Answer #3
660 votes
You can make a criminal complaint against her for the offence of bigamy under s. 494 IPC. If the second marriage has been performed by her after your marriage with her then you can not go under s. 420 because if she has married again by hiding the fact of first marriage then it is fraud on that other person to whom she married second time, not against you.
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Answer #4
707 votes
There are 2 ways to go around this situation 1) you should seek compensation from the wife in her divorce case itself on the ground of cheating. 2) As per your query, yes you can file complaint under section 420 of IPC, but on condition that the divorce has been granted to you on the ground of cheating committed on her part.
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Advocate Prabal Jain

Adv. Prabal Jain

LawRatoIndore | 25+ Answers
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Answer #5
948 votes
File an application for annulment of marriage if u HV proof with regard 2 earlier marriage. However you can also file a case under section 420 of IPC alleging the aforesaid facts abt earlier marriage stating that the whole family despite of having knowledge abt d earlier marriage wd intention to decive you n ur family they suppressed d aforesaid fact
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Advocate Ravi Ballabh Tripathi

Adv. Ravi Ballabh Tripathi

LawRatoGwalior | 25+ Answers
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