Delhi High Court’s important comment – ‘Relationships based on love are not always based on the promise of marriage’

The Delhi High Court, while granting anticipatory bail to a person posted in the Indian Army in an important case, said that a long-term relationship and the subsequent ritual like roka engagement makes the case of the accused prima facie strong.

According to the records before the court, the accused and the complainant woman were in a relationship for about five years. During this period, there was a physical relationship between the two for about two years. The court said that during such a long relationship, being stopped with the consent of both the families indicates that there was an intention to marry at that time.

Delhi High Court said that in a private conversation between the two, the woman herself had admitted that she loved the accused. On this basis, the court said that there could be a possibility that the physical relationship between the two was not based only on the promise of marriage but was based on mutual consent.

According to the petition filed in the Delhi High Court, the relationship between the two started in the year 2021. Later, the accused talked about marriage with the woman’s family and with the consent of both the families, the date of marriage was fixed. However, the woman alleges that later the accused and his sister demanded dowry of Rs 10 lakh for the marriage.

After this she came to know that the accused was going to get married somewhere else. The woman also alleges that the accused threatened to leak her personal photos and videos and also assaulted her. The woman lodged a complaint with the police saying that the accused had physical relations with her on the pretext of marriage.

Delhi High Court said that rape was not alleged in the initial police complaint. Looking at all the facts, the court said that the accused has no criminal record and the truth of the case will be finally decided during the trial. Therefore, at present he is granted anticipatory bail and has been directed to join the investigation.