HC stays order on registration of rape FIR against business tycoon’s son over ‘sham marriage’

The ASJ’s order was passed in a revision petition filed by the woman after a metropolitan magistrate had on October 22, 2022, dismissed her application seeking registration of FIR. ASJ Varma had said that to ignore the alleged conduct of the accused “would be akin to giving a license to licentious men to break the law, and exploit autonomy of a woman with brazen impunity. Such an affront to dignity of a woman cannot be brushed under the carpet for it will compound her ignominy”. The court had directed the concerned DCP to register an FIR by April 3.

The woman has alleged that the accused and his family organised a marriage ceremony on December 4, 2018, in Taiwan and a child was born out of this relationship. She alleged that in May 2020, the accused got her and the child moved to a rented accommodation. She alleged the accused told her he does not want to stay in a relationship with her and wanted the child’s custody.

The accused’s lawyer told the ASJ that “there was substantial delay on the part of the revisionist in filing the criminal complaint”.

The court perused the record to state that a ceremony was conducted in Taiwan, and some post-wedding functions were also organised. “A perusal of photographs and videos… reveals prima facie certain essential ceremonies of a de rigueur marriage were performed viz applying of vermillion on the forehead, garlanding each other, applying mehndi and grih pravesh,” the court said while discussing how this ceremony would have induced the woman to believe that she entered a lawful marriage.

The ASJ perused a letter written by the woman to the local SHO in which she stated that “her husband placed CCTVs and baby monitors in the bedrooms and lobby”, and there are allegations of audio and video recording of the revisionist’s movements without her consent.

On allegations that her husband and staff video recorded her while she was breastfeeding her son, the ASJ said, “This allegation, which prima facie crosses all bounds of decency and makes a woman feel unsafe in her own abode, definitely needs to be probed by the police.” The woman has alleged that the accused and his relatives orchestrated a Buddhist marriage ceremony with the intention to later disown it. She alleged she was induced to have sexual relations with the accused without her consent.