Cheating -- Non-Disclosure of Matrimonial Status by Spouse -- Mere non-disclosure without deception and dishonest inducement does not constitute cheating
(i) Indian Penal Code, 1860, S.420 -- Cheating -- Non-Disclosure of Matrimonial Status by Spouse -- Prosecution must disclose the essential elements of deception and dishonest or fraudulent inducement resulting in delivery of property or alteration of a valuable security. Mere allegation of non-disclosure of a material fact relating to matrimonial status, without these ingredients, does not by itself constitute an offence under Section 420 IPC. (ii) Indian Penal Code, 1860, S.494 -- Bigamy -- Prior Marriage Already Dissolved by Divorce Decree -- Bigamy requires proof of a valid subsisting first marriage alongside solemnization of a second marriage as per legal ceremonies. Where the prosecution's own material establishes that the earlier marriage stood dissolved by a divorce decree before the second marriage, the essential ingredients of Section 494 IPC are not made out.
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