Gujarat High Court rejects Zambia-based man’s ‘mother said no’ excuse in false marriage promise case
The Gujarat High Court noted that subsequent refusal citing a mother’s disapproval suggests a "mala fide motive" aimed at satisfying lust rather than a genuine intent to marry the woman.
The Gujarat High Court refused to quash an FIR against a Zambia-based man, invoking Section 69 of the BNS. (File Photo) Differentiating between a “false promise of marriage” and “promise of marriage made in good faith but not fulfilled subsequently”, the Gujarat High Court refused to quash an FIR against a Zambia-based man accused of establishing a sexual relationship with a woman from Vadodara after vowing to marry her.
The man had claimed that he could not marry the woman because his mother opposed the relationship.
However, the court observed that the promise appeared to have been made only “to satisfy his lust” and not with a genuine intention to marry and said his reason could not be treated as a “bona fide reason” for refusing to marry the woman.
Justice M K Thakker held that quashing the FIR “would amount to abuse of process of law which may result in failure of justice.” In its May 8 order, the court examined Section 69 of the Bharatiya Nyaya Sanhita (BNS), which criminalises sexual intercourse obtained through deceitful means or a false promise of marriage and carries a punishment of up to 10 years in prison.
Delving into the scope of the section that emphasises “deceitful means” for forging sexual relations with a woman, the court said, “(Indian Evidence Act) provides presumption as to absence of consent in certain prosecutions for rape… The apex court has drawn a clear distinction between a false promise of marriage, given on the understanding by the maker that it would be broken, and a breach of promise, made in good faith but subsequently not fulfilled. It is the former which outrightly attracts the penal provision.”
The court added that the man should have “taken a sense” of his mother’s approval before indulging in sexual relations with the woman, as a subsequent refusal “smokes of mala fide motive of the applicant.”
Rejecting the man’s reason for denying marriage as not being bona fide, the court said, “It is not the case of the applicant that some ceremonies were performed or due to the circumstances which were beyond the control of the applicant, he was unable to marry the victim, though he actually wanted to marry”
“It emerges from the allegations that, only to satisfy his lust, the false promise of marriage was given to the complainant, though he had no intention to marry her. Merely giving the explanation that the mother does not agree to the marriage cannot be considered to be a bona fide reason or the circumstances which are beyond the control of the applicant.”
The Gujarat High Court also noted that the applicant lived in Zambia and “did not cooperate with the investigation”. Stating that interference in the case would “amount to abuse of process of law which may result in failure of justice,” the HC dismissed the application as “devoid of merits”.
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