Is this a defective charge framed by Magistrate.

Querist : Anonymous (Querist) 07 October 2010 This query is : Resolved
Dear Experts,

An husband is charged with cheating in marriage for he has suppresed a pre-marital love affair with another woman and hence failed to consummate the marriage.

The above charge does not name or identify the woman with whom the husband had/having affairs. Can this vagueness and indefiniteness of the charge a material defect.

No woman was identified by police also bus some name is mentioned in the 161 statement.

Moreover can there be any dishonest intensions attributed to the husband in getting the consent of a wife by suppressing a love affair, if the husband was in love with another woman why he should marry some other woman.

Can the defect stated above a material defect in the charge.

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Querist : Anonymous (Querist) 07 October 2010
Further no woman was named/identified in the FIR, Chargesheet and charges framed by magistrate.

If suppresing a love affair was the offense is itn o required to name and identify the woman with who the husband had an affiar.

s.subramanian (Expert) 07 October 2010
No. It cannot amount to an ofence.The charge can be quashed by approaching the High Court.

Devajyoti Barman (Expert) 07 October 2010
I also do not think that the allegations are sufficient to frame any charges. Better go for quashing.

Advocate. Arunagiri (Expert) 07 October 2010
This is a very weak case of prosecution.

Madan Gopal Dasaur (Expert) 07 October 2010
no offence is made out as per allegation

Ajay Bansal (Expert) 08 October 2010
A CASE OF GROUNDLES CHARGE.

aman kumar (Expert) 14 October 2010
the allegations are sufficient to frame any charges.BASELESS charge

ashish lal (Expert) 14 October 2010
approach high court for quashing

pawan sharma (Expert) 19 October 2010
agree with the experts.

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