The Delhi High Court has ruled that a man may face charges under Section 69 of the Bharatiya Nyaya Sanhita if he refuses to marry a woman after physical intimacy by citing kundali mismatch despite giving earlier assurances. The court denied bail and said tradition cannot override consent obtained through a false promise.

New Delhi: In an important decision, the Delhi High Court has said that a man cannot refuse to marry a woman after having a physical relationship with her by later claiming that their kundalis (horoscopes) do not match — especially if he had earlier assured her that marriage would happen. The court said such refusal can amount to a criminal offence under the new Bharatiya Nyaya Sanhita (BNS) if the promise of marriage was false from the beginning.

The court made this observation while rejecting the bail plea of a man accused of having a long-term physical relationship with a woman on the promise of marriage.

The Case Background

The relationship began in 2018 when the woman knew the accused and his family. According to the complaint, they started having physical relations in July 2019. The relationship continued for several years, including meetings at the man’s house and in hotels. The last alleged incident took place in September 2025.

During this period, the accused repeatedly assured the woman that he would marry her. He sent WhatsApp messages saying their kundalis had matched and that there were “no obstacles.” In one message, he even wrote, “Kal hi shaadi kar rahe hain hum” (We are getting married tomorrow). He also asked for her birth details to match horoscopes.

In November 2025, the woman filed a complaint but later withdrew it after the accused and his family again assured her that they would proceed with the marriage. However, he later refused to marry her, saying their kundalis did not match and that his family insisted on horoscope compatibility.

In January 2026, the woman filed a fresh FIR under Section 376 of the IPC (rape) and Section 69 of the BNS. The accused has been in judicial custody since January 4, 2026. The police have not yet filed the chargesheet.

What the Delhi High Court Said

On February 17, 2026, Justice Swarana Kanta Sharma heard the regular bail plea and made strong observations.

The court said that refusing to marry on the ground of kundali mismatch, after earlier assuring the woman that the horoscopes matched, raises serious questions about whether the promise was genuine.

The judge observed that if horoscope matching was so important, the issue should have been settled before entering into a physical relationship.

The court made it clear that this was not simply a case of a relationship ending badly. Instead, it involved repeated promises of marriage, even though the accused knew that his family insisted on kundali matching.

Because of the seriousness of the allegations and the ongoing investigation, the court denied bail.

What Section 69 of the BNS Says

Section 69 of the Bharatiya Nyaya Sanhita, 2023, deals with sexual intercourse obtained through deceit or a false promise of marriage. It provides for punishment of up to 10 years in prison along with a fine.

Unlike rape laws that focus on lack of consent or force, this section punishes those who obtain a woman’s consent through a false promise of marriage.

This case marks one of the early major interpretations of this new provision, especially when the accused use cultural reasons like kundali mismatch as a defence.

Why the Court Rejected the Cultural Argument

The accused argued that the relationship was consensual for eight years and that kundali mismatch is a valid traditional reason to refuse marriage.

However, the court said that since he had earlier told the woman that their kundalis matched and that there were no obstacles, he could not later use horoscope mismatch as a reason to back out.

The judge stressed that cultural practices such as horoscope matching must be clarified at the beginning of a relationship. One cannot use them later as an excuse after engaging in physical intimacy based on a promise of marriage.

Bigger Impact of the Judgment

This ruling highlights the balance between tradition and modern consent laws.

• For women: It strengthens legal protection against being misled into physical relationships by false promises of marriage.
• For men and families: It sends a warning that giving serious marriage assurances without intention can lead to criminal charges.
• For society: It shows the importance of clear communication before entering into intimate relationships, especially when family traditions like astrology or caste are involved.

Legal experts note that courts have repeatedly said that a “false promise” must exist from the beginning. A simple change of mind is not enough to make it a crime. But if the promise was dishonest from the start, the law can apply.

What This Means for Couples

The court clarified that not every broken relationship is a crime. The law does not punish someone just because a marriage did not happen. However, it clearly states:

• A promise of marriage made to obtain consent has legal consequences.
• Later citing kundali mismatch cannot automatically cancel earlier assurances.
• Couples and families may need to discuss issues like horoscope matching clearly and early before taking their relationship further.

As India continues to implement the new criminal laws, this decision is likely to influence many similar cases across the country.

The final result will depend on the trial. However, the Delhi High Court has sent a clear message: once intimacy happens based on a promise, tradition cannot be used later to escape responsibility if that promise was false.