Refusal to Marry Over Kundali Mismatch After Physical Relationship May Constitute Offence: Delhi HC

Refusing to marry a woman over non-matching horoscopes (kundalis) after entering into a physical relationship with her and previously agreeing to the marriage could amount to sexual intercourse on the basis of deceit or a false promise of marriage, the Delhi High Court has observed.

Justice Swarana Kanta Sharma, in an order dated February 17, made the remarks 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.

The court noted that the accused’s subsequent refusal to marry on the ground of horoscope mismatch — despite earlier assurances — prima facie raised questions about the genuineness of his promise. Such conduct, the judge said, would attract Section 69 of the BNS, which addresses sexual relations induced by deceit or a false assurance of marriage.

The case

The complainant alleged that she was in a long-term relationship with the accused, during which he repeatedly assured her that they would marry and engaged in physical relations on that basis.

The court observed that WhatsApp chats indicated the accused had told the woman that their horoscopes matched and that there were no obstacles to their marriage. In one message, he allegedly wrote, “Kal hi shaadi kar rahe hain hum (we are getting married tomorrow).”

The woman further claimed that she had earlier withdrawn a complaint after the accused and his family reassured her about the marriage, but he later refused, citing non-matching kundalis.

The observation

Justice Sharma said the accused’s stand appeared inconsistent with his earlier representations. If horoscope compatibility was a significant concern, the issue should have been resolved before entering into a physical relationship, the court noted.

Rejecting the bail plea, the High Court said that refusal to marry on grounds that were previously claimed to have been settled suggested that the woman’s consent may have been obtained through a false assurance.