HC: Horoscope mismatch no reason to back out of marriage

COURT DENIES RELIEF IN RAPE & CHEATING CASE

HC: Horoscope mismatch no reason to back out of marriage

Rosy.Sequeira@timesgroup.com

Mumbai:22.09.2021

The Bombay high court has refused relief for a Badlapur resident who took the pretext of incompatible horoscopes to resile from his promise to marry the woman he was in a relationship with.

“It is apparent that applicant under the guise of astrological incompatibility of horoscopes avoided the promise. Thus I am convinced that the material on record suggests it is a case of false promise to marry which apparently vitiates the complainant’s consent,” Justice Sandeep Shinde said on Monday. He rejected the plea for discharge by the man who was booked in January 2013 for rape and cheating. Earlier, the Dindoshi court too had rejected his plea.

In the FIR, the woman said that they got close in 2012 while working in a hotel. She said the man exploited her physically and mentally and when she conceived, he convinced her to abort and promised to marry her after two years. Later he avoided her.

On her December 28, 2012, complaint, the police suggested counselling. The man assured he would marry her. On January 6, 2013, she withdrew her complaint. On January 18, 2013, he told the counsellor he cannot marry her. The woman then renewed her complaint.

In the HC, the accused’s advocate Raja Thakare argued that it was a case of breach of promise and not false promise of marriage. He said since the horoscopes did not match and being a case of astrological incompatibility, relations could not be furthered.

But Justice Shinde said, “There is sufficient material to suggest that since inception, the applicant had no intention of upholding his promise to marry the complainant.”

It is apparent that applicant under the guise of astrological incompatibility of horoscopes avoided the promise

JUSTICE SANDEEP SHINDE

Bombay high court