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HindustanTimes Thu,31 Jul 2014

Man jailed for leading 'wife' up garden path

Bhadra Sinha, Hindustan Times  New Delhi, November 22, 2012
First Published: 00:14 IST(22/11/2012) | Last Updated: 00:16 IST(22/11/2012)

The Supreme Court ordered a man to jail for living with a woman for nine years "deceitfully" making her believe that the two were married before throwing her out of the house, saying she wasn't his wife.

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A three-judge bench of justice RM Lodha, justice AR Dave and justice SJ Mukhopadhyaya further ruled that it wasn't necessary for a woman to prove that any rituals relating to marriage were performed as part of the strategy adopted by the man to mislead her.

Upholding the man's conviction under Section 493 of the Indian Penal Code, the bench also resolved a dispute that arose between a two-judge bench on whether the actions of the man could attract penal provisions.

Section 493 prescribes imprisonment for up to 10 years. Upholding the concurrent judgments of the trial court and the high court, the SC convicted the man to three months in jail.

It took note of the man's actions and concluded he had made the woman believe that they were married.

The man got a marriage registration form signed by her and performed rituals celebrating birth of their children. Besides, the voters' list names the woman as his wife.


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