शादीशुदा होने की जानकारी देकर लिव-इन में रहना धोखा नहीं: कलकत्ता हाईकोर्ट ने कहा- महिला सब जानकर रिलेशनशिप में आई, यानी उसे रिस्क पता था

The Calcutta High Court has observed that if a person had disclosed about his marriage and children to his partner before entering into a live-in relationship, it would not amount to cheating.

With this decision, the court overturned a lower court order which had imposed a fine of Rs 10 lakh on a hotel executive for cheating on his live-in partner. This man had broken up with his live-in partner of 11 months refusing to marry her.

first know what was Case…
The matter is of 2015. The woman had lodged a complaint at the Pragati Maidan police station in Kolkata. In this, he told that in February 2014, the woman had gone for a hotel job interview, where she met the front desk manager. The manager flirted with her and asked for her number, which she gave.

In their first meeting, the accused had told the woman about his broken marriage. The man asked her to stay in live-in, to which the woman agreed. The woman’s parents were also aware of this relationship and wanted their daughter to get married soon and settle down.

After a year the man went to Mumbai to meet his wife, on his return to Kolkata he told his partner that he had changed his mind. He will no longer divorce his wife. Hearing this, the woman felt cheated and lodged a complaint of cheating and rape with the police.

For this, the Alipore court had imposed a fine of Rs 10 lakh on the accused man. Out of this, Rs 8 lakh was to be given to his live-in partner and Rs 2 lakh to the exchequer. The man was alleged to have lived with his live-in partner for 11 months and then refused to marry.

The High Court said – If the person did not hide his truth, then how is it cheating?
The hotel executive filed a petition in the Calcutta High Court against the lower court’s decision. Justice Siddhartha Roy Chowdhury of the High Court said in his judgment that according to section 415 of the IPC, cheating means – to deceive someone by dishonesty or deceit. This is done under a well thought out conspiracy. To prove cheating in this case, it is necessary to prove that the accused had made a false promise of marriage to the woman.

On the other hand, if a person does not hide his marital status or the fact that he has children, then there is already an uncertainty in cases like live-in. If the woman had accepted this risk before entering into the relationship, it would not amount to cheating on the part of the man. If the accused has not suppressed the truth and has not cheated, then cheating as defined in section 415 of the IPC is not proved.

Calcutta High Court said- it does not prove that the intention of the accused was to take advantage
During a hearing in the Calcutta High Court, the woman told that she had taken the decision to enter into a live-in relationship with the man only because he had promised to divorce his first wife and marry her. The state’s counsel called it a breach of promise.

Regarding this, the High Court said that the promise to marry was linked to the end of the first marriage, but a woman or a man alone cannot decide to divorce. In taking divorce, it is necessary to have the consent of their husband or wife and to get the seal of the court on it. That’s why there was scope in this relationship from the beginning that the relationship could break. The court said that in this case the woman could not prove that the accused had conspired to take advantage of her.

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