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H' and 'W' after a protracted legal entanglement decided to annual their marriage through divorce by mutual consent and it was agreed upon between them that 'H' would pay Rupees five crores only towards one time alimony as against permanent settlement of the claims between the parties. One of the stipulation of the settlement was that 'w' would not remarry for a period till the child who was given in custody of 'W' would attain the age of 30 years or else 'W' would be liable to refund the amount received as permanent alimony towards permanent settlement between the parties.
X' with a view to murdering Y enters Y's bedroom at night when Y is out of station, 'X' is guilty of: