Refusing marriage over mismatched kundalis after establishing physical ties an offence, says Delhi HC

Justice Swarana Kanta Sharma made the observation on February 17, as the court denied bail to a man accused in an rape case registered under Section 376 of the IPC and Section 69 of the BNS, reported Bar and Bench.

“The subsequent refusal to marry on the ground of non-matching of kundalis, despite earlier assurances to the contrary, prima facie raises a question as to the nature and genuineness of the promise extended by the applicant. Such conduct, at this stage, would attract the offence under Section 69 of the BNS, which specifically deals with cases of sexual relations induced by deceit or false assurance of marriage,” Justice Sharma said adding that such conduct brings into doubt the nature and genuineness of the promises made by the man.

A woman had alleged that her partner had engaged in a long-term relationship and established physical relations with her on repeated assurances of marriage.