Delhi HC Big Ruling: ‘Kundali Not Matching’ Excuse After Physical Relationship Could Mean Sex By Deceit, May Amount To Crime

Delhi High Court has made a significant observation, saying that refusing to marry a woman on the ground of non-matching horoscopes after previously agreeing to the union and establishing a physical relationship could constitute an offence of sexual intercourse obtained by deceit or a false promise of marriage.

The remarks were made by Justice Swarana Kanta Sharma on February 17 while denying bail to a man accused in a rape case registered under Section 376 of the IPC and Section 69 of the Bharatiya Nyaya Sanhita (BNS), according to a report by Bar and Bench.

Delhi High Court Questions Genuineness of Marriage Promise

While hearing the bail plea, the court noted that the accused’s later refusal to marry the complainant on the basis of horoscope incompatibility, despite earlier assurances, raised serious doubts about the authenticity of his promise.

“The subsequent refusal to marry on the ground of non-matching of kundalis, despite earlier assurances to the contrary, prima facie raises a question as to the nature and genuineness of the promise extended by the applicant. Such conduct, at this stage, would attract the offence under Section 69 of the BNS, which specifically deals with cases of sexual relations induced by deceit or false assurance of marriage,” Justice Sharma said.

The judge added that such conduct casts doubt on the nature and credibility of the assurances allegedly given by the man.

The Case That Led To Delhi HC Ruling On Kundalis And Marriage

According to the complainant, the accused had been in a long-term relationship with her and had established physical relations on multiple occasions after repeatedly promising marriage.

The court also took note of messages exchanged between the two, including chats on WhatsApp, in which the accused allegedly claimed that their horoscopes matched and that there were no obstacles to their marriage.

One such message reportedly stated, “Kal hi shaadi kar rahe hain hum (we are getting married tomorrow).”

The woman further alleged that she had previously withdrawn a complaint after the accused and his family reassured her that the marriage would take place. However, they later refused, citing non-matching kundalis.

Delhi HC Rejects Bail

In its order rejecting bail, the court observed that the accused’s stand appeared inconsistent with his earlier representations. Justice Sharma noted that if horoscope compatibility was of such importance, the matter should have been resolved at the outset before entering into a physical relationship.

The court concluded that refusal to marry on grounds that were claimed to have already been settled suggested that the woman’s consent may have been obtained through false assurances, thereby attracting the relevant provisions under law.

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