The Telangana HC ruling emphasizes the legal implications of deception in marriage and cohabitation, highlighting issues of consent and validity of divorce.
Case in News
How does the Telangana HC ruling on deception in marriage redefine the implications of rape in such relationships?
Case Overview
The case is related to the ruling of the Telangana High Court on cohabitation and deception in marriage. Justices Moushumi Bhattacharya and Justice BR Madhusudhan Rao presided over the case by addressing the implications of a marriage done without a valid divorce .
Key Aspects
- The appellant claimed the respondent deceived her about his status of marital affairs.
- The marriage occurred on 08.03.2018 while the respondent was still married to his 1st wife.
- The appellant sought a decree of nullity and alimony of 1 Crore rupees.
- The Trial Court rejected her petition stating her awareness of the respondent’s first marriage of the respondent.
- The respondent failed to give evidence of a customary divorce.
Legal Insights
- Under Section 5(i) and Section 11 of the Hindu Marriage Act, 1955 a marriage is said to be void if one party is already married.
- Sections 375 and 376 of the IPC define the different parameters of ‘rape’ mainly relating to consent based on deception.
- The court stressed on the requirement of proving customary divorce through evidence.
Court’s Verdict
The Telangana HC overturned the decision of the Trial Court stating that the respondent’s cohabitation with the appellant amounted to ‘rape’ due to deception relating to his marital status. The court showed the lack of evidence for a valid divorce validating the claims of the appellant.
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