NEW DELHI: Expressing concern over the misuse of criminal law in cases where consensual relationships turn bitter, the Supreme Court has ruled that a married woman cannot file a rape case against another man on the ground of a false promise of marriage.
A bench comprising Justices BV Nagarathna and Ujjal Bhuyan held that such a claim is not legally sustainable when the woman is already married and therefore ineligible to enter into another lawful marriage.
The ruling came while quashing criminal proceedings against a lawyer who had been accused by a woman advocate of raping her on the pretext of marriage. The court noted that the complainant was already married at the time of the relationship and described the case as “a classic instance of a consensual relationship turning acrimonious.”
The bench observed that even if it were assumed that a promise of marriage had been made, such a promise could not be enforced in law. Since the woman had a living spouse, she was not legally capable of marrying the accused at any stage of their relationship.
“Such a promise would neither be legally enforceable nor capable of being acted upon, as the complainant herself was not eligible for marriage on the relevant dates,” the court said. It cited provisions of the Hindu Marriage Act, 1955, which prohibit marriage if either party has a living spouse.
The judges further cautioned courts to exercise extreme care in identifying genuine cases of sexual assault, stressing that the essential ingredients of the offence must be clearly established, especially in view of the growing misuse of rape laws.
