'Man Resiling From Marriage Due To Parental Disapproval Does Not Constitute Offence Of Rape': Bombay High Court

'Man Resiling From Marriage Due To Parental Disapproval Does Not Constitute Offence Of Rape': Bombay High Court

The Bombay High Court discharged a man from a rape case filed by a woman for allegedly raping her under the pretext of marriage.

Urvi MahajaniUpdated: Friday, February 02, 2024, 10:13 PM IST
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Bombay High Court | File

Mumbai: The Bombay High Court has observed that a man resiling from his promise to marry a woman due to parental disapproval does not constitute the offence of rape. The court discharged him from a case filed against him by a woman for allegedly raping her under the pretext of marriage.

The 31-year-old man had merely breached his promise of marriage and had not given the woman the pretext of marriage to establish physical relations with her, Justice MW Chandwani said on January 30. “There is a distinction between breach of a promise and not fulfilling a false promise,” Justice Chandwani underlined.

Man Said His Family Had Objected To Relationship

In 2019, a complaint was filed by the 33-year-old woman with the Nagpur police, alleging that the man had engaged in a physical relationship with her after promising marriage.

The man contended that initially the woman refused to marry him and later his family disapproved of the relationship. Hence, he later got engaged to someone else.

“At the most, it is a case of non-fulfilment or a breach of promise on account of circumstances, which the applicant (accused) could not have foreseen or which were beyond his control as he was unable to marry the victim, despite having every intention to do so,” it said.

Woman Filed Complaint 'Out Of Anger'

Seeking discharge, the man claimed that he had every intention to marry the woman, however, she declined his proposal and said she would marry someone else. He finally agreed to get engaged with another woman after his family disapproved of his relationship.

Hence, the woman, out of anger, filed the complaint. Besides, the man claimed that she had married another man in 2021.

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