Calcutta High Court recently held that a man cannot be convicted for Cheating under Section 417, IPC if he fails to fulfil the promise of marriage after getting a divorce.
The court diligently considered the fact that since the beginning, the complainant was well informed that the accused is a married man having a daughter, thereby no intention to cheat on his part can be inferred.
Conviction under Section 417 (Cheating), IPC, and Section 376 (Rape), IPC was challenged by the accused in this case. It was alleged that the accused had sexual relations with the victim on the false promise of marriage.
The accused was initially going for the divorce but later changed his mind. He later didn’t want to go for divorce as his daughter would have been adversely affected and he realised that the divorce would cause damage to his family.
The court reasoned that the promise made by the accused was not a promise simpliciter as it was contingent on the dissolution of the subsisting marriage. It was observed by the court that the complainant was well aware of the conditions before moving into the live-in-relationship with the accused. And the accused alone was not competent to dissolve the marriage.
Hence, since the beginning of the relationship, the complainant on his own had accepted the risk of uncertainty. Therefore, the marriage promise cannot be termed as cheating.
The judge opined that the prosecution in the present case has failed to establish the evil intentions on the part of the accused since the beginning of the relationship. The trial court was influenced by the issues not relevant and the errors were committed in recording the conviction. The court set aside the conviction accordingly.
Source: https://www.barandbench.com/news/failure-fulfill-promise-marriage-live-in-partner-divorce-wife-not-cheating-calcutta-high-court