Engineer Dia (IT Profession) 14 March 2017

Ipc section 496 related to fraudulent intention marriage / mock marriage,under this section a man & a women may be guilty,or punishes only a man?.

Hello Dear legal experts,greetings of the day ! 33 yrs,male from Telangana (state).I got married on 26/03/2016,with unmarried girl 34 yrs from same city,same caste,belongs to hindu religion,that was arrange & dowry-less marriage,after marriage,my fake wife never stayed at my home for one single day (24 hours),& no physical relationship with her.On 06/04/2016 from her parents home she went back to her work place (kerala state) without informing me & my family and no phone calls between us ( simply she did marriage stage show,acted very well,later we noticed about real intention of that marriage).Directly she came after 70 days & filed false (498a,DP Act,506) against me & my family members.Now she demanding 30 lakhs to withdraw false case.her real intention is to make easy money on the name of marriage by filing false case,I am victim of show marriage / fraudulent intention marriage,I made a police compliant but no action was taken.Now my query about IPC section 496 related to fraudulent intention marriage / mock marriage,a man & a women may be guilty under 496?,or punishes only a man?.Thanks in advance LAWyersclubindia & Legal Experts!

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2 Replies

(Guest)

Yes, only man is punished under Indian Law. Good topic for useless debate.

Sudhir Kumar, Advocate (Advocate) 15 March 2017

S/496 reads as under

Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.

How your case fits in.

How do you think your marriage was illegal and fraudlently and (if so) whyyou not being guilty of the same

was bride below 18
was groom below 21
were they of different religion (not different cast) and not resorted to Spl Marriage Act
whether the ceremony was not according to the religion of both (i.e angi phera by muslims or Nikah by christians).
whether ceremoney did not complete to the satisfaction of the priest.
were they in sapainda relationship
had any of them had a livign spouce
whether any of them was not capable to give consent due to insanity