Cheating

Prakash (Querist) 27 April 2012 This query is : Resolved
Counsels,

marriage not consummated. Both husband and wife blames each other for it and both admitted marriage non consummation.

wife says husband had love affairs before marriage and thats why he didnot show any interest to consummate the marriage and he married due to pressure from parents.

none of the prosecution witness have any personal knowledge of love affair all are only saying that husband admitted the affair before them. Is this sufficient proof for the offense of cheating as well for fraud on marriage.

thanks

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Raj Kumar Makkad (Expert) 27 April 2012
Who so ever asserts, must prove. Mere allegation is not sufficient rather it is required to be proved and only then such allegation can become the base of cheating or fraud etc otherwise this can also become counter productive.

Nadeem Qureshi (Expert) 27 April 2012
Dear Prakash
you are from which side and what do you want?

SAINATH DEVALLA (Expert) 28 April 2012
Dear Prakash,

the law in INDIA takes the cognizance of an allegation of non-consummation of marriage, one way is by the way of proving impotency of either partner within the marriage, but in cases where both the partners are mentally and physically fit for consummating the marriage and one of the partner is alleging the other partner of abstinence from sex and therefore non-consummation of marriage,but this doubt has to be proved in court,otherwise it is a baseless allegation.

Devajyoti Barman (Expert) 28 April 2012
No this no enough proof of cheating and fraud from the point of view of criminal jurisprudence where the court looks for proof beyond doubt then preponderance of probabilities.

Santosh Goswami,Advocate (Expert) 30 April 2012
The allegation has to be proved. But I am amused as to why they didn't go for mutual divorce in such scenario.I don't see any benefit in fighting the case.
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R Trivedi (Expert) 30 April 2012
What is the objective of proving anything against the husband ? Is it for better alimony ? Is it compensation ? Is it some kind of vendetta ? You did this to me and I am going to do this to you ?

If you are the mediator in this case, tell them point blank that fighting cheating case is futile and takes painful years. Possibly go for Divorce with some decent amount of alimony claim, if required.