There Can Not Be Promise Of Marriage To A Married Lady
- The recent ruling by the Karnataka High Court in the case of Akhil Thomas v. The State of Karnataka & Another has shed light on the complexities that can arise when individuals misrepresent their marital status on dating platforms. The court’s decision to quash the rape charges filed by a married woman against her estranged lover, whom she had met on the dating app Bumble, underscores the importance of honesty and transparency in personal relationships.
- The case highlights how the widespread use of dating apps has created new challenges in the realm of romantic relationships. While these platforms provide opportunities for individuals to connect and explore potential partnerships, they also raise concerns about the potential for deception and misrepresentation.
- The prosecutrix had created her profile on dating app Bumble and she had shown her marital status as divorced. The accused met the prosecutrix through dating app Bumble. At the time of meeting the accused, the prosecutrix was already married and had a five years old son. The accused entered into relationship believing that the prosecutrix is a divorced woman, unaware of the fact that her marriage was not dissolved by a decree of divorce. The prosecutrix and the accused had physical relations. The accused later came to know that the prosecutrix is still married and he withdrew from the relationship.
- The Prosecutrix filed an FIR against the accused alleging that she is divorced women and the accused had lured her into having physical relationship with her with assurance that he will marry her and after having physical relations with her refused to marry her.
- The police investigated the matter and filed chargesheet against the estranged lover.
- The accused had filed a criminal petition before the Karnataka High Court for quashing of First Information Report & chargesheet filed against him under Section. 376, 420 & 506 of the Indian Penal Code.
- Single Bench of Justice M. Nagaprasanna concluded that “If the contents of the complaint and the summary of the charge sheet are read in tandem, what would unmistakably emerge is, obliteration of the crime against the petitioner/accused, for the reason that the complainant/prosecutrix was already married and the marriage was still subsisting at the time when she projected herself to be a divorced lady without a divorce actually happening. Therefore, there cannot be promise of marriage held on to a lady, who was already married.”
- Under such circumstances a consensual relationship between the prosecutrix and the accused cannot amount to rape and the act of Prosecutrix hiding her real marital status makes the accused the real victim. The Hon’ble Court concluded that further proceedings against the accused will result in the abuse of process of law and result in miscarriage of justice.
- Taking the factual matrix of the present case, the Hon’ble High Court was pleased to allow the criminal petition and quashed the legal proceedings against the accused.
- The court’s ruling in the Akhil Thomas case suggests that the law recognizes the importance of informed consent in sexual relationships. The accused in this case had entered into a relationship with the prosecutrix under the belief that she was a divorced woman, only to later discover that her marriage was still intact. This type of misrepresentation can have significant emotional and legal consequences for the individuals involved.
- Dynamics of online dating has highlighted the prevalence of “fudging” or small lies in profiles, as individuals seek to present an idealized version of themselves to potential partners.
