Refusing marriage after physical relationship is an offence; horoscope mismatch cannot be an excuse: High Court

New Delhi (Uttam Hindu News): The Delhi High Court has observed that refusing to marry after entering into a physical relationship on the promise of marriage may, in certain circumstances, amount to a criminal offence. The court made this remark while hearing a regular bail plea filed by an accused.

The court stated that under Section 69 of the Bharatiya Nyaya Sanhita (BNS), obtaining sexual relations through deception is punishable. If it is prima facie established that the accused made a false promise of marriage to establish physical relations and later refused citing excuses such as horoscope mismatch, the matter may fall within the ambit of criminal law.

During the hearing, the judge noted that the accused had repeatedly assured the complainant that there were no obstacles to their marriage, including issues related to horoscope matching. Subsequently refusing to marry on the same ground raises serious concerns.

The accused argued that the relationship was consensual and that both parties had known each other for the past eight years. The defence counsel further contended that a false promise of marriage does not automatically constitute rape and sought regular bail for the accused.

In its order dated February 17, the court mentioned that the complainant had initially filed a complaint in November 2025, which she later withdrew after the accused and his family assured her of marriage. However, the accused later refused to marry, citing horoscope incompatibility.

The present FIR was registered in January 2026 under Section 376 (rape) of the Indian Penal Code and Section 69 of the BNS. The court observed that the sequence of events does not appear to be merely a case of a failed relationship but requires examination as to whether the promise of marriage was made dishonestly from the beginning.

The High Court clarified that criminal law cannot be invoked in every case where a relationship fails or a marriage does not materialize. However, prima facie, the facts of this case appear to go beyond a simple breakdown of a relationship. Further proceedings in the matter are ongoing.