The Karnataka High Court recently dismissed an FIR filed by a married woman who claimed she was cheated by a man for breaking a marriage promise. The ruling was made by Justice M Nagaprasanna.
The woman alleged that the man had promised to marry her but failed to keep his word, leading her to file a complaint under Sections 498A, 504, 507, and 417 of the Indian Penal Code. She stated that her husband had abandoned her and their child, and she met the petitioner at work. She claimed that the petitioner promised marriage, but when he did not fulfill this promise, she registered the complaint.
The petitioner argued that although he helped the woman financially when she needed it, he never promised to marry her. He pointed out that the complainant was already married and had a child. He argued that unless the woman divorced her husband, her claim of a marriage promise could not be upheld.
The court reviewed the records and noted that the petitioner was in Malaysia and had sent money to the complainant. However, when he stopped responding to her calls, she filed the complaint.
The court observed that cheating was alleged based on a breach of a marriage promise, but the complainant admitted to being married with a child. The court ruled that if she was already married, the petitioner could not be accused of cheating by breaking a marriage promise. No evidence was provided to show that the petitioner was ever married to the complainant.
The court also noted that the complainant did not present any evidence of a divorce from her previous husband, making it impossible to claim that the petitioner was her legal husband. The court concluded that sending financial help does not establish a legal obligation for the petitioner to maintain her and her child.
Case No: CRIMINAL PETITION No.544 OF 2021
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