Swarna Shukla –
Published On: September 21, 2021 at 10:35 IST
The Bombay High Court refused to accept “Astrological Incompatibility” as a valid reason for a Badlapur resident to resile from his promise to marry his girlfriend and get himself cleared of the charge of Rape under the guise of False Promise of Marriage.
The 33-years-old Avishek Mishra moved to High Court after his Plea got rejected for discharge from the rape case by Additional Sessions Judge at Dindoshi.
The Victim ( Avishek’s girlfriend) claimed that the two had known each other since 2012. They worked together at the five-star hotel.
During the course, the Accused used her emotionally for physical benefits, under the False Promise of Marriage.
Furthermore, the Victim states that on conceiving, the Accused asked her for an Abortion and later started ignoring her.
On lodging a complaint in the Police Station, the Accused unconditionally agreed to marry. On withdrawal of the complainant by the Victim, the Accused wrote to the counsellor backtracking from marriage.
Eventually, a complaint was filed by the Victim, to which the Accused moved to the High Court after the Trial Court rejected his Plea.
The Counsel representing the Accused argued that at the most it could be regarded as a case of breach of promise on account of ‘Astrological Incompatibility’, since the horoscopes of the two did not match.
A Single Judge Bench of Justice Sandeep Shinde refused to accept the contention and said, “It is apparent that the applicant in the guise of astrological incompatibility of the 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.”
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