The Delhi High Court has said that refusing to marry due to a ‘kundali’ (horoscope) mismatch after establishing physical relationship based on an assurance of marriage can attract Section 69 of the Bharatiya Nyaya Sanhita which criminalises sexual intercourse through deceitful means.
Justice Swarana Kanta Sharma made the observation while refusing to grant bail to a man accused of establishing physical relations with a woman and later refusing to marry her on the ground that their birth-charts did not match.
Justice Sharma observed that physical relations were established over a period of time on the basis of the accused’s repeated assurance to the woman there was no impediment to their marriage, including ‘kundali’ matching, and therefore, at this stage, his conduct would attract the offence under Section 69 of the BNS.
The many benefits of marriage equality
The accused, in judicial custody since January 4, sought bail on the ground that the relationship was consensual, and the parties had known each other for eight years.
