DR. ASHUTOSH DUBEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A. The allegation is that the accused-applicant Dr. Ashutosh Dubey published an advertisement for his marriage showing himself a divorcee. The complainant contacted the accused-applicant, who showed an order of the Court indicating that a divorce has taken place between the applicant and his first wife. Being convinced the complainant married his daughter with the applicant. Later on it revealed that the divorce had not taken place between the applicant and his first wife and the order of the Court which was shown by the applicant to the complainant was a forged documents.

(2.) Learned counsel for the complainant and learned A.G.A. argued that the complainant and his daughter were cheated and the applicant offended the virginity of the complainant's daughter on the false pretext that the divorce has taken place between him and his first wife.

(3.) Learned counsel for the applicant argued that the applicant never showed any document relating to his divorce with his first wife. He in fact had filed the suit for dissolution of marriage against his first wife Dr. Meenaxi Dubey on 13.05.2009 and had told this fact to the complainant. The complainant had agreed to marry his daughter with the applicant but at the same time asked for securing future of the complainant's daughter and then the applicant paid an amount of Rs. 5,00,000.00 to the account of the complainant's daughter on 04.05.2009 and this fact has not been denied in the counter affidavit. The present marriage had been solemnized on 30.05.2009. It was also argued that the applicant is in jail since 29.09.2009.