Delhi HC: Ditching partner over 'kundali' mismatch post-intimacy punishable
What's the story
The Delhi High Court observed that a man may face legal consequences for refusing to marry a woman on the grounds of horoscope mismatches after having established a sexual relationship with her. The court made the observation while denying bail to an accused in a rape case under Section 376 of the Indian Penal Code (IPC) and Section 69 of Bharatiya Nyaya Sanhita (BNS), Hindustan Times reported.
Legal implications
Court's observation on horoscopes' mismatch
Justice Swarana Kanta Sharma observed that the man's refusal to marry on the grounds of non-matching kundalis raises doubts about the genuineness of his promises. The court noted that if horoscope matching was important, it should have been settled before engaging in physical relations. The judge said such conduct could attract Section 69 of BNS, which deals with sexual relations induced by deceit or false assurance of marriage.
Case details
Woman alleged long-term relationship with accused
The case involved a woman who alleged she had a long-term relationship with the accused, who repeatedly assured her of marriage. She claimed he had assured her that their horoscopes matched and there were no obstacles to their marriage. The woman also said she withdrew an earlier complaint after receiving assurances of marriage from the accused and his family.
Bail rejection
Court dismissed accused's bail plea
The court dismissed the accused's bail plea, noting that his actions were inconsistent with his earlier representations. The judge said if matching horoscopes were so important, it should have been settled before entering into physical relations. The court also observed that the sequence of events indicated repeated assurances of marriage despite knowledge of family insistence on kundali matching.