Refusing To Marry After Physical Relationship Is Not Cheating : Court

The Bombay High Court didn’t find a man guilty who refused to marry a woman after he had long-term physical relations with her. According to the High Court, this is not cheating. 

A woman filed a report in 1996 that the accused had a sexual relationship with her and promised to marry her, but then refused to do so. The man was back then charged with rape and cheating/fraud under the Indian Penal Code Sections 376 and 417.

The accused was convicted of cheating but acquitted of the rape charge by a lower court in February 1999. He was given a one-year sentence. The accused then took his case to the Bombay High Court.

"They both have been familiar with each other for a long time. For about three years, she had a sexual relationship with the accused. Her sister also revealed that the accused and the prosecutrix had a love affair. As a result, the evidence suggested that the prosecutrix and the accused had a consensual sexual relationship. Because he refused to marry the prosecutrix, the accused was found guilty of an offense under Section 417 of the Indian Penal Code. The question is whether refusing to marry in such circumstances is a form of cheating." the court wrote in its decision.

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"There is a lack of evidence to prove that the accused did not want to have a wedding with her from the very starting. So, in the lack of solid proof, if the woman had given the consent for the physical relationship to the accused or not, the mere refusal to marry would not constitute an offense under Section 417 of the IPC." Justice Prabhudessai of the High Court added.

The man was cleared of all charges by the High Court due to a complete lack of evidence that the accused had no intention of marrying her from the beginning.

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