Bombay HC refuses relief to man breaking promise of marriage due to incompatible horoscopes – Times Now

Mumbai: A Badlapur resident was refused relief on Monday by the Bombay high court. The man was trying to resile from his promise of marrying the woman he was in a relationship with on the grounds of incompatible horoscopes.    

Justice Sandeep Shinde said during the ruling, “It is apparent that the 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,” as reported by the Times of India. 

The man, who was booked by Borivli police in January 2013 for rape and cheating based on the woman’s complaint, pled for discharge. Justice Shinde rejected the plea, which was earlier also rejected by the Dindoshi court. 

The FIR lodged by the woman said that the duo got close in 2012 while working together in a hotel. When she conceived, the man exploited her physically and mentally, convincing her to get an abortion. He promised to marry her but later tried to avoid the promise. 

The police suggested that the couple get counseling when the woman lodged another complaint on December 28, 2012. The man, however, assured her with his parents present that they would get married, which led to her withdrawing her complaint on January 6, 2013. The man went ahead to tell the counselor on January 18, 2013, that he cannot marry the woman, after which she renewed her complaint. 

Senior advocate Raja Thakare, siding with the accused, argued that the case was one of breach of promise and not a false promise of marriage. He mentioned that a mismatch in horoscopes makes it a case of astrological incompatibility, due to which relations cannot be furthered. 

However, in his order on Monday, Justice Shinde stated, “There is sufficient material to suggest that since inception, the applicant had no intention of upholding his promise to marry the complainant. He prevailed upon her to withdraw her complaint by promising to marry her.” 

Justice Shinde, agreeing with prosecutor Sharmila Kaushik, added that had the man’s intentions been bona fide and true, he would not have written to the counselor within 12 days after the withdrawal of the complaint and resiled from his promise to marry her. The judge also noted that the ‘guise’ of incompatible horoscopes was taken to avoid marriage, and concluded that the man’s plea deserves no consideration as ingredients of rape are disclosed on record.