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?


Asked on 11/19/08, 5:25 am

6 Answers from Attorneys

Nasir Butt Nasir Law Associates

Re: 420 ipc

Such proposition does not come under 420 of Indian Penal Code.

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Answered on 11/19/08, 10:07 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: 420 ipc

It does not lead to 420 .

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Answered on 12/29/08, 3:47 am
Shrichand Nahar S.V.Nahar, Advocate

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.

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Answered on 11/20/08, 12:30 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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.

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Answered on 11/19/08, 5:32 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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.

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Answered on 11/19/08, 6:22 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: 420 ipc

No not a strong reason

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Answered on 11/19/08, 6:29 am


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