‘Marriage to obtain Canadian citizenship’: Gujarat High Court quashes case against husband’s family

The Gujarat High Court recently dismissed criminal charges against the family members of a Canadian man, ruling that their alleged involvement in a fraudulent marriage could not be proven based on mere conspiracy. The case originated when the Canadian court determined that the husband had married a woman solely for access to Canadian citizenship, and subsequently divorced her.

The husband's parents and brother were accused of conspiring with him and assisting in the fraudulent marriage. The Gujarat High Court dismissed the case, noting that there was insufficient evidence to support the charges. The court found that the husband's actions did not constitute criminal breach of trust, as the Supreme Court has established a clear distinction between breach of trust and cheating.

Additionally, the court determined that the husband and wife had consented to the marriage, and there was no evidence that the family members had been involved in the conspiracy.