Refusal to marry over ‘kundali’ mismatch after promising marriage illegal: Delhi HC

The Delhi High Court has observed that refusal to marry on the ground of ‘kundali’ (horoscope) mismatch after establishing physical relations on the assurance of marriage can attract Section 69 of BNS (Bharatiya Nyaya Sanhita), which criminalises sexual intercourse through deceitful means.

Justice Swarana Kanta Sharma made the observation while declining bail to a man accused of entering into a physical relationship with a woman and later refusing to marry her citing mismatch of birth charts.

The court noted that the physical relationship allegedly continued over a period of time based on repeated assurances by the accused that there was no impediment to marriage, including issues related to horoscope matching. At this stage, the conduct would attract the offence under Section 69 of the BNS, the judge observed.

Bail plea opposed

The accused, in judicial custody since 4 January, sought bail arguing that the relationship was consensual and that both parties had known each other for eight years. Counsel for the accused contended that rape on the false pretext of marriage was not made out and sought regular bail.

In its order dated 17 February, the court recorded that the prosecutrix had first lodged a complaint in November 2025 but withdrew it after alleged assurances of marriage by the accused and his family. The subsequent refusal to marry, citing non-matching ‘kundalis’, led to the present FIR in January 2026 under Section 376 (rape) of IPC (Indian Penal Code) and Section 69 of the BNS.

Court observations

The High Court said the sequence of events indicated that the case was not merely about a failed relationship but involved alleged repeated promises despite the accused being aware of his family’s insistence on horoscope matching.

“There can be no quarrel with the proposition that criminal law cannot be invoked merely because a relationship fails or marriage does not materialise. However, the present case, at this stage, stands on a different footing,” the court stated.

“The subsequent refusal to marry on the ground of non-matching of kundalis, despite earlier assurances to the contrary, prima facie raises a question as to the nature and genuineness of the promise extended by the applicant. Such conduct, at this stage, would attract the offence under Section 69 of the BNS,” it added.

Dismissing the application, the court said it was not inclined to grant relief considering the nature of the allegations, material collected during investigation and the fact that the chargesheet is yet to be filed.