New Delhi: In its recent order, Delhi High Court ordered framing of rape charges and criminal intimidation against a man who allegedly entered into physical relationship with a married woman. There are reports that the man promised the married man and woman that he will marry the woman and take care of their children. However, the man later refused to marry the woman, and ended the relationship with her.
'Twin promise of marriage'
As per Live Law, the court called it as "Twin promise of marriage" as the accused the woman and also her then husband of marrying the woman. The court also observed that the woman would not have entered into a physical relationship with the accused if he had not promised to marry her and take care of their children after the divorce of the married couple.
The man was discharged by the trial court
Earlier, the man was discharged by the trial court for the offences under section 376 and section 506 of the Indian Penal Code (IPC), 1860. The court had observed that the case was not of a false promise of marriage but of breach of promise of marriage. The woman had challenged the trial court's decision in the Delhi High Court.
Justice Sharma disagreed with the trial court's decision
Justice Sharma disagreed with the trial court's decision, saying it's a unique case where the parties not only promised verbally to divorce their partners and marry each other but also acted on that promise to be together. As per reports, the court also observed that a Mangalsutra was also bought by the accused with the intention of marrying the woman.
The woman divorced her husband
The Court said that the man had promised the woman to marry her and also stayed with her on the same promise, after which the woman divorced her husband and also indulged in sexual relationship with the accused. The court said that the above mentioned points attract the rigors of Section 376 of IPC.
The man and woman got married to different people in 2011
The man and woman got married to different people in 2011 after their relationship didn't lead to marriage. Both were unhappy in their marriages. In 2016, the woman and her husband decided to separate. During that time, she and the man reconnected on Facebook and started talking again.
The man promised to marry her and committed to it
According to the woman, the man promised to marry her and committed to it. They both agreed that after she divorced her husband, they would get married, and he would take care of her children.
