In a notable judgment on February 10, Justice Maninder S. Bhatti of the Madhya Pradesh High Court dismissed a rape case filed by a married woman against a man who allegedly promised to marry her after divorcing his current wife. The court ruled that consent given under the belief of a future marriage does not constitute a “misconception of fact” when the woman is already married.
The complaint originated from a woman in the same neighborhood as the accused, stating that after three months of friendship, the man had initiated a sexual relationship under the pretense of marrying her once he was divorced. However, he later reneged on this promise, citing inability to leave his wife.
Justice Bhatti clarified that the circumstances involving a married woman’s consent do not fall under the legal framework of being obtained through a “misconception of fact.” This principle is crucial in cases where consent for sexual relations is allegedly obtained through the false promise of marriage.
In his ruling, Justice Bhatti emphasized that the existing FIR did not sufficiently demonstrate that the accused had coercively used the promise of marriage to establish a sexual relationship. Therefore, the complaint lacked the substance needed to classify the act as rape under the law.
