Legal Question in Criminal Law in India

cr pc 420

After marriage it was noticed that my wife is a patient of schizophrenia since 7 years before her marriage. Can I filed a cheating and forgery case against her?


Asked on 4/26/09, 11:04 am

5 Answers from Attorneys
Sunil Goel S.G. SOLICITORS

Re: cr pc 420

This can be one of the ground to file for divorce. This also attract "Cheating" as defined in Section 415 IPC, which is punishable under Section 417 IPC. But cheating under Section 420 IPC is not made out. Also no case for forgery is made out.

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Answered on 4/29/09, 7:42 am
Shrichand Nahar S.V.Nahar, Advocate

Re: cr pc 420

These kind of diseases can not be noticed. Further, from mere observation it can not be said that such disease existed since 7 years.

Be clear about facts and query.

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Answered on 4/27/09, 1:39 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: cr pc 420

A case of cheating etc. MAY NOT be maintainable against a patient you mention. Instead, that may be a ground for divorce under H.M.A.

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Answered on 4/27/09, 2:36 am
Pranav Desai PD Legal & Associates

Re: cr pc 420

You cannot file any complaint against the offence you have mentioned. You can only go for divorce on the above ground.

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Answered on 4/28/09, 8:04 am
Vishwa Arya Arya & Co.

Re: cr pc 420

It depends upon what evidence you have to substantiate that you were nevere informed about it.

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Answered on 4/26/09, 11:22 am


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