Legal Question in Criminal Law in India
420 ipc
My husband has evidence of my qualification and he can proove that i lied him about my qualification before marriage.He never asked me before marriage to show my mark sheet.Is lieing and hiding qualification is 420?
6 Answers from Attorneys
Re: 420 ipc
Such proposition does not come under 420 of Indian Penal Code.
Re: 420 ipc
It does not lead to 420 .
Re: 420 ipc
You need to check about presence or absence of essential ingredient of cheating.
Absence of presence of a fact may not be sufficient to comment on existence of offence of cheating.
Re: 420 ipc
in ur case if the diploma was shown as degree, in that situation, it cannot be said that you committed fraud. if an illiterate is married on the basis of fake degrees, one can understand the gravity of offence.
Re: 420 ipc
No it is not. In my opinion, your husband is not entitled to rake up this issue more particularly if he was adult at the time of marriage and his consent for marriage was not obtained ONLY because of your qualification.
In other words, the facts which could be ascertained by a person before marriage, with due care and diligence, may not be a ground for the allegation of 'fraud' if these facts are known to him after marriage.
To illustrate the point : if my wife's parents would have told me before marriage that she had obtained a first class in her B. Sc. but when I see the certificate after marriage, it turns out that actually she has bare pass marks much down below the first class, I cannot turn her out of house after marriage on the ground that I was given wrong information before marriage.
Re: 420 ipc
No not a strong reason
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