‘If a person tells live-in partner that he is married…’, important observation of Calcutta High Court

Calcutta High Court: The Calcutta High Court has made an important comment on Monday regarding married people. The High Court said, “If a person has told his live-in partner about his marriage and children before entering into a live-in relationship, it will not be called cheating.”

With this decision, the Calcutta High Court overturned the lower court’s decision, in which the court had imposed a fine of Rs 10 lakh on a hotel executive for cheating his live-in partner. The accused man had broken up with his live-in partner of 11 months refusing to marry her. The hotel executive filed a petition in the Calcutta High Court against the decision of the lower court.

What does ‘fraud’ mean?

Justice Siddharth Roy Chowdhury said in his judgment that according to section 415 of the IPC, ‘cheating’ means willfully deceiving someone dishonestly or fraudulently. Justice Roy said that 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.

case of 2015

This matter is of the year 2015. The woman lodged an FIR at the Pragati Maidan Police Station in Kolkata. In her complaint, the woman had told the police that in February 2014, she had gone for an interview for a hotel job, where she met the hotel manager. After this the hotel manager flirted with the woman and asked for her number, which she gave.

Told the woman the truth in the first meeting

However, in the first meeting, the accused had told the woman about his broken marriage. When the manager asked the woman to be in a live-in relationship, the woman accepted it. The woman’s parents also knew about this relationship and they wanted their daughter to get married soon and settle down.

talk of not getting divorce from wife

After a year the manager changed his mind and went to Mumbai to meet his wife. After returning from Mumbai to Kolkata, the man told his female partner that he would no longer divorce his wife. Hearing this, the woman felt cheated and lodged an FIR of cheating and rape with the police.

In the same case, the Alipore court imposed a fine of Rs 10 lakh on the accused person. Out of this, 8 lakh live-in partners and 2 lakh rupees were ordered to be deposited in the treasury.

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