Did you know? In India, a woman can accuse her boyfriend or male partner of raping her on promise of marriage, if he backs out from a consensual relationship. A woman in India, even if married, is permitted to file rape charges against her boyfriend, despite herself indulging in adultery.
In one such case, the Kerala High Court in its order dated November 22 has quashed rape charges against a man accused of raping his married partner on promise of marriage.
READ ORDER | Can A Man Be Charged With Rape On Promise Of Marriage If He Marries Another Woman? Kerala High Court Grants Bail To Central Government Standing Counsel
Case:
The woman in her statement stated that both the accused and herself, who are natives of India, had met through Facebook in Australia. The said relationship developed into a love affair and they decided to marry. But the marriage did not take place.
According to the complainant woman, the accused sexually assaulted her several times in Australia and in India under a false promise of marriage. In her petition, the woman said that she consented for sexual relationship only after the accused repeatedly promised her marriage.
The woman though married, is separated from her husband and has filed for divorce.
Does Man Have Any Law To Take Action Against Girlfriend Who Used Him Sexually On Promise Of Marriage? | Read RTI Response
Subsequently in 2018, the woman charged her male partner in Kollam district under:
- Section 376 (punishment for rape)
- Section 417 (punishment for cheating)
- Section 493 (cohabitation caused by a man deceitfully inducing a belief of lawful marriage)
…of the Indian Penal Code (IPC).
READ ORDER | Woman Can’t Allege Rape If She Continued Sexual Relationship With Married Man For Many Years: Kerala High Court
Kerala High Court
After going through facts on record, the single bench of Justice Kausar Edappagath of the Kerala high court acquitted the man saying,
A man’s promise to marry an already married woman and subsequent physical relations between them will not attract provisions of rape under Section 376 of the Indian Penal Code (IPC).
The Court further went on to add that a married woman had voluntarily had sex with the man, knowing well that she cannot enter into a lawful marriage with him, thus it cannot amount to rape.
READ ORDER | Fiancée Files Rape Case Against Fiancé After He Breaks Up Engagement Citing Her Alleged Affairs: Punjab & Haryana HC Refuses Anticipatory Bail
Besides, the Court also noted that the detailed statement given by the woman suggested that their relationship was consensual. Thus, the Kerala High Court observed that the promise of marriage will not stand in the case since the woman is married and she knew it well that a legal marriage will not be possible under the law.
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Quashing the rape charges against the accused, the Court concluded,
Such an unenforceable and illegal promise cannot be a basis for the prosecution under section 376 of the IPC.
There is no case for the accused that the sex they had was after inducing a belief of lawful marriage. There are no ingredients to attract the offence of cheating.
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READ ORDER | Married Woman Cannot Charge Male Partner Of Rape On Promise Of Marriage After Consensual Sex: Kerala High Court
— Voice For Men India (@voiceformenind) November 25, 2022
Case filed u/s:
▪️376 (rape)
▪️417 (cheating)
▪️493 (cohabitation caused by man deceitfully inducing belief of lawful marriage)https://t.co/UQ3RwjGg1n
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