Taking away the list of judgments cited in this judgment from Hon’ble High Court of Allahabad, here is the judgment.
The facts would reveal that the second petitioner is aged about 32 years and the first petitioner is merely 18 years, second petitioner despite fully being aware that he has a living spouse, he duped the first petitioner and convinced her to elope with him under a false assurance of second marriage. Thereafter, the second petitioner had audacity to swear a false affidavit before the Court stating that this is his first marriage, thus, indulging in fraud and misrepresentation, both with the first petitioner and with the Constitutional Court. Such conduct cannot be ignored, law has to take its own course.
In regard thereto, false affidavit on oath has been filed by the second petitioner to misrepresent before the Court, which is wilful and deliberate, thus, exposing himself for prosecution under Section 193 IPC. No further enquiry or explanation is required.
Registrar General is directed to lodge a complaint before the competent Magistrate at Allahabad against the second
petitioner for filing false affidavit to mislead the Court. Second petitioner shall be taken into custody forthwith. The first petitioner being adult is let free.
Dipanshi And Another Vs State Of U.P. And 3 Others on 21 November, 2016