The Karnataka High Court recently dismissed an FIR against a man accused by a married woman of cheating for not fulfilling his promise to marry her.
Justice M Nagaprasanna, presiding over a single judge bench, reviewed the case where the petitioner faced charges under Sections 498A, 504, 507, and 417 of the Indian Penal Code. The complainant, a married woman with a daughter, alleged that the petitioner had promised to marry her after she was abandoned by her husband.
The woman claimed that she met the petitioner at work, and he assured her of marriage, leading her into a relationship. However, the petitioner contended that he never promised marriage, especially since the complainant was already married and had a child. He argued that the marriage promise could not be valid unless she obtained a divorce from her current husband.
The bench noted that the petitioner was in Malaysia and had sent money to the complainant for living expenses. However, he ceased communication, prompting her complaint.
The court emphasized that cheating on the basis of a breached marriage promise cannot stand if the woman is already married. There was no evidence showing that the petitioner was ever her husband. The court further stated that the woman admitted her existing marriage and her child from that wedlock, rendering the cheating claim invalid.
The court highlighted the absence of any document proving the petitioner’s marital bond with the complainant. Since her first marriage was still intact, the petitioner’s obligation to maintain her and her child without a legal bond was untenable.
The court concluded that sending money occasionally does not create a legal responsibility for the petitioner to support the complainant and her child without a legitimate marital relationship.
Case No: CRIMINAL PETITION No.544 OF 2021
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