NEW DELHI: Denial of marriage due to mismatch of ‘kundalis’ after establishing physical relationship on the basis of assurance of marriage can attract Section 69 of the Bharatiya Nyaya Sanhita Act which criminalizes sexual intercourse through deceptive means, the Delhi High Court said.
Justice Swarana Kanta Sharma passed the observation while refusing to grant bail to a man accused of having physical relations with a woman and later refusing to marry her on the grounds that their birth charts did not match.
The judge observed that the physical relations were established over a period of time on the basis of the accused’s repeated assertion to the prosecutor that there was no impediment to their marriage, including matching ‘kundali’, and therefore, at this stage, his conduct would attract the offense under Section 69 of the Social Services Act.
The accused, who has been in judicial custody since January 4, requested bail on the basis that the relationship was consensual, and that the two parties had known each other for eight years.
His lawyer said that rape under the false pretext of marriage had not been proven, and that he deserved to be released on regular bail.
In its February 17 order, the court noted that the first complaint by the public prosecutor was filed in November 2025 but was withdrawn only on the basis of the alleged guarantee of marriage by the accused and his family, and there was subsequent rejection of the marriage on the grounds of non-matching ‘kundalis’.
The current FIR was lodged in January 2026 for offenses under Section 376 of IPC and Section 69 of BNS.
The court held that the sequence of events showed that it was not just a case of “deteriorating relationship” but repeated assurances of marriage despite the applicant’s knowledge of his family’s insistence on matching “kundali”.
“There can be no disagreement with the proposition that criminal law cannot be invoked merely on failure of a relationship or non-marriage. However, the present case, at this stage, stands on different grounds,” the court said.
“The subsequent refusal of marriage on the ground of non-matching kundali, despite previous assertions to the contrary, prima facie raises a question as to the nature and sincerity of the promise made by the applicant. Such conduct, at this stage, would attract the offense under Section 69 of the Social Services Act.”
The court rejected the bail application, saying it was not inclined to provide relief due to the nature of the allegations, the material collected during the investigation, and the fact that the chargesheet in the case was yet to be filed.
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