Chhattisgarh HC Upholds Acquittal in Chhattisgarh Deceitful Marriage Case

News Citation : 2026 LN (HC) 267 | 2026:CGHC:18407

April 22, 2026 : The Chhattisgarh High Court has dismissed a criminal appeal filed by a woman challenging the acquittal of a man accused of deceitfully inducing her into a belief of lawful marriage and cohabitation.

In its judgment dated April 22, 2026, a Single Bench of Justice Sanjay S. Agrawal upheld the trial court’s decision acquitting the accused of offences under Sections 493 and 496 of the Indian Penal Code, finding that the essential element of “deception” was not established in the case.

The case arose from allegations by the complainant, Smt. Manti Sahu, who claimed that her marriage with the respondent, Mahesh Ganjir, was solemnised in May 2008 and later formalised through an agreement in January 2009. She alleged that they lived as husband and wife, travelled together, and that she spent substantial amounts of money during the relationship. According to her, the accused eventually refused to accept her as his wife and forced her out after she declined further financial demands.

However, the High Court noted significant inconsistencies in her own records and complaints. Earlier notices and representations submitted by the complainant did not mention any formal marriage ceremony. Instead, they suggested that the accused had established physical relations with her on the pretext of marriage over several months in 2008.

A key factor in the Court’s reasoning was the complainant’s awareness that the accused was already married. Evidence on record indicated that she knew about his existing wife and child, and even claimed that her alleged marriage had occurred with the consent of the first wife. This undermined her claim that she was deceived into believing she was lawfully married.

The Court also referred to prior civil proceedings, where an “Ekrarnama” (agreement) purportedly evidencing the marriage had already been declared invalid. Both the appellate court and the High Court in earlier proceedings held that the agreement violated provisions of the Hindu Marriage Act, as the man was already married at the time.

Explaining the legal position under Section 493 IPC, Justice Sanjay S. Agrawal emphasised that the offence requires clear proof of deception by the accused, leading the woman to genuinely believe she was legally married. In this case, the Court found no such inducement or false representation.

The judgment further observed that merely entering into a relationship or even cohabiting is not sufficient to constitute an offence under Section 493 unless it is accompanied by deliberate and fraudulent misrepresentation regarding marital status.

Since the complainant was aware of the accused’s existing marriage and there was no evidence that he misled her into believing otherwise, the Court concluded that the foundational requirement of deception was absent.

Accordingly, the High Court held that the trial court had rightly dismissed the complaint and acquitted the accused, and found no merit in the appeal.

Case Reference : ACQA No. 276 of 2023, Manti Sahu vs Mahesh Ganjir; Appellant appeared in person; for the Respondent: Shri Sudhir Verma, Advocate, along with Shri C.R. Sahu and Shri Mohnesh Tiwari, Advocates; Respondent Mahesh Ganjir also appeared in person.