Refusal to marry over horoscope mismatch after sex is offence: Delhi High Court

The Delhi High Court on Tuesday held that if a man refuses to marry a woman on the grounds of horoscope incompatibility after engaging in a sexual relationship with her and despite earlier assurances of marriage, then the accused can be booked under charges criminalising sexual intercourse by deceit or on false promise of marriage.

Justice Swarana Kanta Sharma made the observation while dismissing a bail application filed by an accused in a rape case registered under Section 376 of the Indian Penal Code (IPC) and Section 69 of the Bharatiya Nyaya Sanhita (BNS).

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Section 69 of the BNS criminalises sexual intercourse secured through deceitful means, including false promises.

Key details of the case

According to the complaint, the accused had been in a long-term relationship with her and repeatedly assured her that he would marry her. Based on these assurances, the two entered into a consensual physical relationship.

During the hearing, the court examined material placed on record, including WhatsApp conversations, which indicated that the accused had earlier informed the complainant that their kundalis (horoscopes) were compatible and that there were no obstacles to their marriage.

However, he later refused to marry her, citing horoscope mismatch as the reason. The court found this explanation inconsistent with his previous representations. It was observed that if horoscope matching was a decisive factor, the issue ought to have been settled before entering into a physical relationship.

In rejecting the bail plea, the High Court said the allegations, supported by preliminary evidence, required continued investigation and judicial scrutiny. The court concluded that the circumstances did not warrant the grant of bail at this stage.

The ruling underscores that a refusal to marry after inducing a sexual relationship on the promise of marriage, particularly where prior assurances contradict later claims, may attract penal consequences under the new criminal law framework.