The Karnataka High Court recently dismissed an FIR lodged by a married woman, who accused a man of cheating her by failing to fulfill a promise of marriage. The court ruled that a married woman cannot claim to have been deceived by a broken promise of marriage since her existing marital status invalidates such a claim.
The case was presided over by a single judge bench, Justice M Nagaprasanna. The petitioner was charged under Sections 498A, 504, 507, and 417 of the Indian Penal Code. The complainant, a married woman with a child, claimed that her husband had abandoned them. She alleged that the petitioner, whom she had met at work, assured her that he would marry her, luring her into a relationship.
The woman filed a complaint when the man allegedly failed to keep his promise of marriage. However, the petitioner denied this, arguing that he helped her in times of need but never promised to marry her. He also pointed out that, since she was already married with a child, the question of marrying her couldn’t arise unless she legally divorced her husband.
The court examined the records and noted that the petitioner had been sending money to the woman while he was in Malaysia. However, after he stopped responding to her calls, the woman filed the cheating complaint. The bench concluded that the allegation of cheating was based solely on the breach of a marriage promise, but since the woman was already married, no such promise could hold legal weight.
The court stated, “The complainant admits that she is already married and has a child. If she is already married, there can be no question of cheating on the grounds of a broken promise of marriage. Hence, the offence cannot be sustained.”
Furthermore, the court observed that no evidence was provided to demonstrate that the petitioner was ever the complainant’s husband. The court also highlighted that merely sending money to the woman did not establish any legal obligation on the petitioner to maintain her or her child.
The court concluded that since the complainant had not secured a divorce from her first husband, she could not claim that the petitioner was legally bound to marry or maintain her. Thus, the FIR against the petitioner was quashed.
Case Title: Karnataka High Court – Married Woman Cheating Claim
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