Breach of marriage promise is not cheating: Karnataka High Court


Bengaluru, Jan 27 (IANS): The Karnataka High Court has said that a breach of promise of marriage by an individual can't be considered as a crime of cheating under the Indian Penal Code (IPC). The individual was allegedly in love with a woman for eight years and then had married another woman breaking the marriage promise.

The court further quashed an FIR against the individual and his family members lodged on the charges of cheating after committing to marry the woman. The bench headed by Justice K. Natarajan has given the order while taking up the petition filed in this regard by Venkatesh, a resident of K.R. Pura in Bengaluru.

"It is stated that the petitioner has violated the promise of marriage. But, it can't be considered cheating if a marriage promise is violated. The aspect of breaking of marriage can't be included in the purview of Indian Penal Code 415," the bench noted.

"Criminal case could be filed when a marriage agreement is made with the intention of cheating. But, it has not been established in this case that the petitioner has broken the marriage promise for the purpose of cheating. The girl has not shown anything of that sort and it can't be a crime under IPC Section 420," the court further stated in its recent order.

A complaint was lodged against petitioner Venkatesh and his family members on May 5, 2020 by a woman, a resident of Rammurthynagar with the police. She claimed that petitioner Venkatesh and she were in love for eight years and he had promised to marry her. She sought action against the petitioner as he had married another woman.

 

  

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Comment on this article

  • Mangalurian, Mangaluru

    Thu, Jan 27 2022

    A great verdict by the Karnataka HC. I hope the police and the media take note of this. Many men's lives are destroyed by this "promise of marriage" nonsense. While I feel sorry for the girls when the man decides not to marry, there are numerous cases where women too decide not to marry when a richer guy comes around. So, the lesson for all the girls is "draw up a contract, and get the man to sign it". Only then there will be some proof that the man broke a contract.

    DisAgree [4] Agree [30] Reply Report Abuse

  • real kujuma, kodial

    Thu, Jan 27 2022

    i dont why after 2014 everything we hear is peculiar?? probably influenced by our premier who has abodoned Joshoda Ben?

    DisAgree [24] Agree [18] Reply Report Abuse

  • Unreal kujuma, Mangalore

    Thu, Jan 27 2022

    Oh its easy bro.. all u gotta say it unrealistically

    DisAgree [13] Agree [3] Reply Report Abuse

  • Monty Dotor, Mangalore

    Thu, Jan 27 2022

    He stayed with her for 3 years after marriage and then abandoned...But Jashodaben still prays for him....Who is greater?

    DisAgree [4] Agree [15] Reply Report Abuse

  • Guru, Mulki

    Thu, Jan 27 2022

    Some people even marry ten times. And leave them on baghwaan barose.

    DisAgree [1] Agree [12] Reply Report Abuse

  • Rampanna, Udupi

    Thu, Jan 27 2022

    You do realise that PM Modi’s marital status is a purely a private & personal matter between him and his wife. You have absolutely no right to comment. I am no fan of Modi or BJP. But, his personal life matters are not for me to comment or judge.

    DisAgree [9] Agree [8] Reply Report Abuse

  • real kujuma, kodial

    Thu, Jan 27 2022

    citizens have every right to bring to light the life of people who are in public life...especially those who portray themselves as some avatar of God...teri kyon jal gayi..you worship him no worries ...but dont ask others to keep quiet..your chaddi dictatorship will not work in public forum like this

    DisAgree [6] Agree [10] Reply Report Abuse

  • Raju, Karkala

    Thu, Jan 27 2022

    Exactly. I agree with you Rampanna. We never ask how many unofficial wife and children some people have.

    DisAgree [3] Agree [6] Reply Report Abuse


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Title: Breach of marriage promise is not cheating: Karnataka High Court



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