Bombay HC: Breach of Marriage Promise Due to Parental Opposition Is Not Rape
The Bombay High Court, on January 30, ruled that breaking a marriage promise due to parental opposition does not constitute rape. The Nagpur bench made this statement while discharging a man accused of rape, clarifying that there is a difference between breaching a promise and making a false promise.
Case Background
The complainant alleged that she had a physical relationship with the accused based on his promise to marry her. However, he later got engaged to another woman, prompting her to file a police complaint in 2019.
The accused argued in court that he had expressed his willingness to marry the complainant, but she was not interested. According to him, she only filed the complaint after learning about his engagement.
High Court’s Ruling
The sessions court initially refused to discharge the accused, prompting him to approach the Bombay High Court for relief.
The High Court ruled that:
- The accused withdrew from the commitment due to parental opposition, which does not qualify as rape under Section 375 IPC.
- WhatsApp chats between both parties showed that the complainant had earlier refused to marry the accused.
- The Supreme Court had previously ruled that there is a difference between failing to fulfill a false promise and simply breaching a promise.
Final Verdict
Considering these facts, Justice M.W. Chandwani quashed the sessions court’s order and discharged the accused. The ruling reinforces that a marriage promise broken due to external factors like family opposition does not amount to rape or fraud under Indian law.
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