Refusing Marriage Over ‘Kundali’ Mismatch is an Offence: Delhi HC

In a case of Jayant Vats v. State (NCT of Delhi), the Delhi High Court denied the accused bail after looking over the allegations against him. The HC ruled that a man cannot cite mismatched horoscopes (Kundalis) as a reason to refuse getting married after a physical relationship has been established.

What is the Case About?

The accused and the complainant have known each other since 2018 and have been in a physical relationship since 2019 during their college days. The complainant alleged that the man repeatedly assured her of marriage and even introduced her to his family and relatives as his prospective wife.

Although the woman previously filed a complaint, she had to withdraw it as she was assured by him and his family that they would finalise the marriage.

However, in June 2023, the man started to distance himself, eventually refusing to marry, citing 'mismatched kundalis'. Upon questioning, he threatened to leak her private photographs. This led her to lodge the present complaint.

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What did the Delhi High Court Say?

Justice Swarana Kanta Sharma held that such conduct prima facie constitutes an offence under Section 69 of the Bharatiya Nyaya Sanhita (BNS), which criminalises sexual intercourse on the pretext of a false promise of marriage.

The court remarked, "The subsequent refusal to marry on the ground of non-matching of kundalis, despite earlier assurances to the contrary, raises a question as to the genuineness of the promise."

The court noted that the couple were in a relationship for several years, and the material recorded as WhatsApp chats where the accused repeatedly assured the woman of getting married was clear.

Justice Swarana Kanta Sharma stated, "The conversations also reveal that the applicant had insisted that physical proximity before marriage was not objectionable, as there was no hurdle in their marriage and it was projected as a natural progression of their relationship"

While rejecting the man's bail, the court mentioned that assurances of marriage were repeatedly extended despite the accused being aware of his family's stand on kundali matching, which suggested wrong intent to secure consent.

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