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Calcutta High Court has given a big decision on live-in relationship. The decision of the lower court given in this regard has also been overturned. The Calcutta High Court has said that if the live-in partner has made it clear earlier that he is married and has become a father, then a case of cheating cannot be made out against him.
The lower court had imposed a fine of 10 lakhs
Along with this, the Calcutta High Court also overturned the trial court’s order which imposed a fine of Rs 10 lakh on a hotel executive for cheating on his live-in partner for 11 months. The woman had accused her live-in partner of cheating on her for 11 months by promising to marry her.
The judge told the definition of cheating
Justice Siddhartha Roy Chowdhury of the Calcutta High Court said in his judgment that ‘cheating’ has been defined in section 415 of the IPC, which means ‘dishonesty or fraud’, which is done intentionally. There is a link connecting these two ‘cunningness’.
Complainant proved wrong
Justice Roy Chowdhary further said in his judgment that to establish this trick or deception, it needs to be proved that the accused promised to marry the complainant in order to have sex with her. This statement of the complainant proved to be wrong.
The woman deliberately took the risk of going into a relationship
Justice Roy Chowdhary also said that if a person does not hide about his married life, he also makes it clear that he has become a father, then there is a state of uncertainty in such a relationship. If the victim deliberately took the risk of getting into such a relationship, then it cannot be called cheating or cheating.
Lower court finds woman guilty of cheating
The Calcutta High Court gave this order on a petition filed against the order of the Alipore Court, in which a fine of Rs 10 lakh was imposed on the accused. The Alipore court had directed the woman to pay Rs 8 lakh for cheating with her for 11 months, while asking her to deposit Rs 2 lakh in the government treasury.
The woman had filed a complaint in 2015
The woman had lodged a complaint in the year 2015 at Pragati Maidan police station. In her complaint, she said that in February 2014, she had gone for a job interview at the hotel. During this, he met a front desk manager. He started flirting with her. Also asked for phone number. He gave her the number.
This thing happened in the first meeting
The woman has also said in the complaint that when she first met the man, he told her about his first marriage. He told that his first marriage is broken. After this he proposed marriage. The woman agreed to marry him.
The woman’s parents also knew about the relationship
The woman has also said in the complaint that her parents knew about her live-in relationship. But, he wanted his daughter to get married as soon as possible. But, the man delayed getting the divorce and asked the live-in partner to quit his hotel job.
Partner returned to wife after one year
A year later he moved to Mumbai to be with his first wife and family. Later he returned to Kolkata. He returned to Kolkata only to inform that he had changed his mind. Now he does not want to divorce his wife. After this, the woman felt that she had been cheated and lodged a complaint of cheating and rape in the police station.
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