‘Lewd messages to fiancee don’t insult modesty’

‘Lewd messages to fiancee don’t insult modesty’

Mumbai:  20.11.2021

Observing that sending “obscene messages” to a woman one is going to marry can’t be termed insulting her modesty, a sessions court acquitted a 36-year-old man, 11 years after he was booked for cheating and raping her under the false promise of marriage. The court held that sending such messages in premarital period may delight and give the feeling that someone is close enough to understand one’s emotions, reports Rebecca Samervel.

“If at all those are not liked by the other side, it has discretion with it to convey its displeasure to the other side, and the other side generally avoids a repeat of such a mistake. The purpose was to put up his expectation before her, to arouse her with similar feeling of sex, which may give happiness even to her, etc. But in no way those SMSs can be said as were sent to insult her modesty,” it said.

The woman had lodged an FIR in 2010. The couple had met on a matrimonial site in 2007. However, the man’s mother was against the match. In 2010, the man broke up the relationship. Acquitting him of rape charges, the court said every breach of promise to marry can’t be termed cheating or rape. “The man had even been to an Arya Samaj Hall with mangalsutra but it was the quarrel on the ground of stay after marriage and thereafter, by getting tired of his indecisiveness and getting surrendered before his mother’s wish and failing to tackle the problem stood before him in proper manner, he came back. It is certainly not the case of false promise of marriage. It is the case of failure to make substantial efforts,” the court said.