26 April 2024 Evidence >> Criminal Law   |   Marriage Law >> Family Law  

The Supreme Court of India recently revived a cheating and criminal conspiracy case against a woman and her relatives. The case highlights the importance of honesty during marriage and the legal repercussions that can follow deception.

Facts:

The husband (Appellant) filed a complaint against his wife (Respondent) and her relatives, accusing them of cheating and criminal conspiracy. According to the complaint, the couple met through a matrimonial website where the wife's profile mentioned her divorce was "under process."

The wife's relatives allegedly presented the husband with a blurry copy of a divorce decree, claiming it awaited a judge's signature. The marriage proceeded based on this information. However, later, the wife revealed she wasn't divorced and wanted an abortion, leaving the husband shocked and feeling deceived.

Lower Court Decisions:

The trial court initially summoned all respondents to face charges of cheating and criminal conspiracy. However, the Sessions Court quashed the summons order for these charges against the wife and her relatives. They did uphold a summons order for a separate offense. The husband appealed this decision.

High Court and Supreme Court

The High Court dismissed the husband's appeal without explanation. However, the Supreme Court stepped in, criticizing the lower courts' approach.

The Supreme Court pointed out that the lower courts wrongly treated the summons stage as a final judgment. A summons is issued based on a prima facie case, meaning there's enough initial evidence to proceed with the trial. The Supreme Court determined that the husband's complaint and evidence presented a credible case of cheating and conspiracy, warranting a full trial.

The Takeaway

The Supreme Court's decision emphasizes the importance of presenting truthful information during courtship and marriage. The case also highlights the legal recourse available to those who feel misled or deceived in a marriage.

It's important to note that this Supreme Court decision only addresses the initial steps of the case. The trial court will now hear evidence from both parties before reaching a final verdict.