The Telangana High Court ruled that cohabitation built on deception, without a proven customary divorce from the first wife, amounts to rape. The division bench, comprising Justices Moushumi Bhattacharya and BR Madhusudhan Rao, emphasized the legal sanctity of marriage and the consequences of misleading a spouse about one’s marital status.
"Under Section 5(i) read with Section 11 of the Hindu Marriage Act, 1955, if a husband is already married, a subsequent marriage is void ab initio and holds no legal sanctity. Since the respondent was aware that he had a living spouse while entering into a relationship with the appellant, and the appellant’s consent was based on the mistaken belief that the respondent was her legally wedded husband, the respondent is guilty under Sections 375 and 376 IPC, and alternatively, under Sections 63 and 64 of the Bharatiya Nyaya Sanhita (BNS)."
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Background of the Case
The case originated from an appeal against an order of the Sessions Court regarding a plea under Sections 11, 5, and 25 of the Hindu Marriage Act, 1955, read with Section 7 of the Family Courts Act, 1984. The appellant sought a decree of nullity of marriage on the grounds that the respondent was not legally divorced from his first wife when he married her.
The appellant also demanded Rs.1 crore as alimony under Section 25 of the Hindu Marriage Act. However, the Trial Court dismissed her petition, citing that she was aware of the respondent’s first marriage and had failed to provide documents proving the respondent’s financial status to support her alimony claim.
The appellant argued that the respondent had suppressed the fact of his existing marriage at the time of their wedding on March 8, 2018, at Lakshmi Narasimha Swamy Temple, Yadagirigutta. She also alleged that the respondent exhibited controlling behavior, monitoring her personal emails, messages, and financial transactions. The most serious contention was that the respondent had falsely claimed to have obtained a customary divorce from his first wife.
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Customary Divorce Not Proven
The court noted that the respondent failed to provide any documentary or oral evidence to prove the alleged customary divorce. The High Court found that:
"The respondent did not submit any evidence of customary divorce, nor did he appear before the court despite being given multiple opportunities. This failure to present any proof raises serious doubts about his claims."
Furthermore, in a petition for restitution of conjugal rights filed by the respondent in 2019, he had not provided any legal document supporting the claim that his first marriage had been legally dissolved through customary practices.
The High Court emphasized that the respondent’s actions fell under the purview of rape laws due to the element of deception. According to Section 375 of the IPC and Section 63(d)(iv) of the BNS, sexual relations obtained under a mistaken belief of lawful marriage constitute rape.
"The fourth condition under Section 375 IPC applies when a man knowingly misrepresents his marital status, leading the woman to consent to relations under a false assumption of lawful wedlock."
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The High Court criticized the Trial Court’s reasoning, which presumed the appellant had constructive knowledge of the respondent’s first marriage. The Family Court had argued that since the marriage was a "love-cum-arranged" alliance, the appellant should have inquired about the respondent’s past.
"The Trial Court indulged in findings that were both presumptuous and objectionable. The conclusion that the appellant was 'enjoying a luxurious life' and 'squeezing money from the respondent' was made This landmark ruling reinforces the legal position that marriage entered into through deception is not only void but also a criminal offense under Indian law.
without any supporting evidence."
The Telangana High Court set aside the impugned order dated November 19, 2024, and allowed the appeal.
