The Delhi High Court has let off a man, who was sentenced to one year jail for allegedly cohabiting with his former wife without disclosing that he had secured an ex-parte divorce decree.
"The allegations are that the man continued to have physical relationship with complainant by non-mentioning or suppressing the factum of divorce. From such non-mention or suppression of divorce, it cannot be said that he, by deceit, caused complainant to believe that she was lawfully married to him and to co-habit or have physical relationship with him in that belief," Justice Sunita Gupta said.
The man was held guilty by a lower court under Section 493 (a man by deceit causing a woman to believe she is lawfully married and to cohabit with him in the belief) of the IPC. Setting aside conviction, the High Court said there was no representation from the side of the accused to make the woman believe that she continued to be his legally wedded wife.
The woman’s testimony refers that she had settled her disputes and did not want to pursue her complaint and the consequent case. The accused and the woman married in May 1982 and she shifted to Delhi in 1993 which led her husband to file divorce plea with a court in Bhubaneshwar, the petition said.