Refusing Marriage After S*x Due to Kundali Mismatch Is an Offense, Says Delhi High Court While Denying Bail in Rape Case
The Delhi High Court denied bail to a man accused of establishing a physical relationship on the promise of marriage and later refusing to wed over a kundali mismatch. The court said such refusal after consensual s*x based on repeated assurances can attract Section 69 of the Bharatiya Nyaya Sanhita.
New Delhi, February 24: The Delhi High Court has ruled that refusing to marry a woman after establishing a physical relationship on the assurance of marriage, citing a kundali mismatch, can attract Section 69 of the Bharatiya Nyaya Sanhita. The provision criminalises s*xual intercourse obtained through deceitful means. Justice Swarana Kanta Sharma made the observation while denying bail to a man accused of maintaining a physical relationship with a woman and later backing out of marriage due to alleged horoscope incompatibility.
The court noted that the relationship continued over a period of time based on repeated assurances by the accused that there was no impediment to their marriage, including kundali matching. At this stage, the judge observed, such conduct would prima facie attract the offence under Section 69 of the BNS. The accused has been in judicial custody since January 4 and sought bail claiming the relationship was consensual and that the couple had known each other for eight years. ‘Denial of S*x Not Ground for Divorce’: Madhya Pradesh High Court Rejects Husband’s Plea for Wife’s Virginity Test, Cites Privacy Rights.
However, the court pointed out that the woman first lodged a complaint in November 2025 but withdrew it after the accused and his family allegedly assured her of marriage. A fresh FIR was filed in January 2026 after he reportedly refused to marry her due to non matching kundalis. The court said the sequence of events indicated this was not merely a case of a relationship turning sour. ‘Difficult to Believe Married Woman Was Induced Into S*x With False Marriage Promise’: Supreme Court Quashes Rape Case Against Advocate.
“There can be no quarrel with the proposition that criminal law cannot be invoked merely because a relationship fails or marriage does not materialise. However, the present case, at this stage, stands on a different footing,” the court said, adding that the subsequent refusal despite earlier assurances raises serious questions about the genuineness of the promise.
(The above story first appeared on LatestLY on Feb 24, 2026 07:38 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).