Cheating Allegations in Marriage Case Example|| Amlawfirm

Case Summary: Irfana Nasreen vs. The State – Cheating Allegations in Marriage

Background:

Irfana Nasreen, the petitioner, is the wife of the accused in Court with Cheating Allegations in Marriage, with her husband. She alleges that her husband deceived her by hiding the fact that he was impotent before marrying her. The petitioner discovered his condition only after their marriage and subsequently learned that his first marriage had failed for the same reason. Additionally, her husband received 200 sovereigns of gold jewellery and items worth Rs. 5,00,000 during their marriage. After the truth came to light, her husband divorced her by saying "talak" and left for the U.S.

Petitioner's Argument:

The petitioner's lawyer argued that the police registered a case under Sections 498-A (cruelty by husband or his relatives) and 406 (criminal breach of trust) of the Indian Penal Code (IPC) but failed to include Sections 417 (cheating) and 420 (cheating and dishonestly inducing delivery of property) IPC, even though the allegations indicate cheating. Therefore, the petitioner requested the court to direct the police to include these sections in the FIR.

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