Karnataka HC: Married Woman Cannot Accuse Man of Cheating on Promise of Marriage
The Karnataka High Court has ruled that a married woman cannot claim she was cheated by a man for not fulfilling a promise of marriage. The court quashed an FIR filed by a woman who accused a man of cheating after he allegedly backed out of marrying her.
Justice M Nagaprasanna made the observation while hearing a petition where the man was charged under IPC Sections 498A (cruelty), 504 (insult), 507 (criminal intimidation), and 417 (cheating).
The woman, who is married and has a daughter, alleged that her husband had abandoned her. She claimed she later met the petitioner at work, and he promised to marry her, leading her to enter into a relationship with him. However, she said he failed to keep his promise, prompting her to file a complaint.
The petitioner denied making any promise of marriage. He clarified that he helped the woman financially while he was working in Malaysia but never had any marital intentions. He also argued that since she was already married, no promise of marriage could be legally valid unless she had obtained a divorce.
After reviewing the case, the High Court found that the woman had not secured a divorce from her husband. It also noted that there was no document showing any legal relationship between her and the petitioner.
Justice Nagaprasanna said, “If the complainant is already married, the charge of cheating based on a broken marriage promise cannot stand. There is no legal basis for such an allegation.”
The court further stated that the petitioner sending money to the woman occasionally does not establish a legal obligation to maintain her or her child in the absence of a lawful marriage.
In conclusion, the High Court quashed the FIR and ruled that no case under IPC Section 498A or other charges could be sustained based on the facts presented.
Case Title: Criminal Petition No. 544 of 2021
Court: Karnataka High Court
Judge: Justice M Nagaprasanna
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