The Thane Court has recently denied bail to a husband who allegedly hid his sexual identity from his wife and reprimanded him for blemishing the future of a young girl.

Judge Rajesh Gupta, was adjudicating upon an anticipatory bail application filed under Section- 438 of Cr.P.C. for the offences punishable under Section- 420, 465, 467, 468, 506 IPC.

The marriage of the parties was a result of founding each other on matrimonial site. The petitioner herein has been accused of cheating and forgery for allegedly hiding his employment status and his sexuality from his wife.

The Counsel for the petitiner dismissed the allegations as baseless and has submitted that during the period of marriage, applicant/accused was working and thereby earning around Rs. 8 Lakh per annum and as there were bright chances of increments in near future.

It was their furhter submission that the allegations are vague only with intent to harass applicant /accused and defame in the society.

The Court after taking note of all the facts, stated at the outset that the profile of complainant was uploaded and registered in a Social Media namely Saptapadi Maratha Vadhu ­Var Mandal. The profile of complainant was accepted by the applicant/accused and by their mutual consent the marriage was performed.

The Court took into consideration, the allegation of bogus employment document and allegations of being homosexual and disinterested in opposite sex as till date he did not consummated a marriage with the defacto complainant.

The Court observed that from the inception there appears a dishonest intention played by applicant/accused. Stating that the case requires careful consideratin, it stated that illustrations and in the case of Arnesh Kumar V/s. State of Bihar , SCC(3)(2014) 449  those are not exhaustive of all conditions, which may warrant preliminary enquiry.

On carefully appreciating the allegations and perusing the documents such as chat messages photographs which are part and parcel of investigation. Prima facie it appears the applicant/accused has   suppressed the material fact of his private life before marriage and thereby caused a wrongful loss to the parent and the complainant.

The Court also highlighted that it is not only the financial loss but the whole life of a young girl has been spoiled by the material suppression. 

"If this would have been openly shared prior to the marriage then  the consequence would be different," it remarked.

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