Legal Question in Criminal Law in India

quey
I got married under hindu marriage act in 2006 .After onw year of my marriage i came to know about my wife's cheating.But even after knowing her cheating i lived with her for another 9 months.But two months ago problem arose.One day after severe quarell she left my house. I have few queries.

a)She cheated me.But even after discovering her cheating i stayed with her as husband and wife.Can i file 420 case against her now or as i stayed with her even after discoveing the lie i cannot file 420 anymore?Before marriage she has shown me fake certificate and marksheet of university.But i came to know about it one year after marriage.But even after discovering it i continued my relationship for one year more.But now i wants to lodge 420 against her for using fake cerificate and marksheet of university.Can i do it now or because i stayed with her even after knowing the truth i cannot lodge 420 againt her.

b)if i lodge can she lodge any case against me because i stayed with her even after knowing the truth

Asked on 11/26/08, 4:37 am

5 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: quey

(a) No. The so called 'cheating' stands condoned. Even otherwise, a false certificate and mark-sheet of university may not amount to cheating because you could check the truthfulness of these documents yourself before you believed these documents and took any decision.

(b) Yes, she may have a better case against you to seek your criminal trial / prosecutilon u/s 498-A IPC and/or DVA.

Answered on 11/26/08, 8:45 am

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Aniruddha Pawse Aniruddha.P.Pawse Advocates

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Re: quey

if you filed a case u/s 420 she can defend herself by saying that you condone her offence

Answered on 11/26/08, 8:53 am

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Homi Maratha N.N. Maratha & Co.-Advocates

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Re: quey

This amounts to forgery.

Answered on 12/23/08, 3:12 am

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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Re: quey

a case u/s 420 can be filed anytime as there is no limitation for the reason that the offence contemplates an imprisonment of seven years. you may also file annulment petition. it doesnt matter whether you stayed with her after knowing the truth as an offence remains an offence.

Answered on 11/26/08, 5:07 am

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