4 hrs ago
Kerala High Court Quashes Case Over Marriage Promise Claim
The case involved a man and a woman who had a sexual relationship after discussing marriage.
The woman later said the man had deceived her and asked her to end a pregnancy.
The man asked the court to cancel the criminal case.
The Kerala High Court agreed to cancel it.
The judge said that not marrying someone later does not automatically mean earlier sex was criminal.
To make such a case, there must be evidence that the promise to marry was already false when it was made.
The judge noted that the woman was still married when the relationship started.
The court also said that the allegations about abortion and cheating did not, by themselves, prove the required offence.
The Kerala High Court quashed a criminal case against a man accused of having sex with a woman after promising to marry her.
Justice Jobin Sebastian said a later failure to marry cannot by itself turn consensual sex into a crime retroactively.
The court said prosecutors must show the marriage promise was false from the beginning and directly caused the woman to consent.
The woman alleged that the man asked her to abort after learning she was pregnant, while the accused argued their relationship was consensual.
The court found that the woman was still married when the relationship began, and said the allegations did not establish rape or cheating under the applicable law.
- Who
- A man accused by a woman, with the case decided by Justice Jobin Sebastian of the Kerala High Court.
- What
- The Kerala High Court quashed the FIR and all further proceedings in a case alleging sexual relations based on a false promise of marriage.
- Where
- The Kerala High Court.
- When
- The order was dated September 7; the articles do not specify the year.
- Why
- The court found insufficient material showing that the marriage promise was false from the beginning or that the woman’s consent was obtained deceitfully.
Accused's Position
Complainant and Prosecution's Position
Nature of consent
Accused's Position
The accused argued that the allegations themselves showed a consensual relationship and did not establish the required offences.
Complainant and Prosecution's Position
The prosecution alleged that the man had sexual intercourse with the woman after promising to marry her.
Promise of marriage
Accused's Position
The accused maintained that a later failure to marry could not transform the relationship into a criminal offence.
Complainant and Prosecution's Position
The woman alleged that the promise of marriage was deceptive and formed the basis of the sexual relationship.
Pregnancy and alleged cheating
Accused's Position
The accused sought cancellation of the case, arguing that the allegations did not satisfy the statutory ingredients of cheating.
Complainant and Prosecution's Position
The woman alleged that the man asked her to abort after learning she was two months pregnant and cheated her.
Key facts
- Court
- Kerala High Court
- Judge
- Justice Jobin Sebastian
- Case outcome
- FIR and all related proceedings were quashed.
- Central legal principle
- A later failure to marry cannot by itself retrospectively make consensual sexual intercourse an offence.
- Relationship history
- The couple had repeated sexual intercourse at different places and later became engaged.
- Complainant's allegation
- The man asked her to abort after learning she was two months pregnant.
- Relevant circumstance
- The woman was still married when the relationship and initial sexual intercourse began.
Quotes
Justice Jobin Sebastian
Kerala High Court judge who authored the order
“For the purpose of attracting criminal liability on the ground that consent was vitiated by a false promise of marriage, there must be a foundational allegation and material indicating that the promise was false at the very inception…A subsequent failure to marry, by itself, cannot retrospectively render consensual sexual intercourse an offence,”
indianexpress.com
“In the aforesaid factual background, the allegation that the de facto complainant consented to the sexual relationship solely on the basis of a promise of marriage made by the petitioner cannot be believed,”
indianexpress.com
Sources
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