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The Supreme Court reiterated that breaking the promise of marriage cannot be considered a false promise, unless the accused has an intention of cheating from the beginning of the relationship.
The Supreme Court on Thursday said in an important judgment that if the relationship between two adults is broken later or the distance between the two comes, it cannot be made a rape case by calling it a false promise of marriage.
The bench of Justice Biwi Nagratna and Justice Satish Chandra Sharma made this comment. The bench said that such cases not only cause unnecessary burden on the judicial system, but also cause serious damage to the social image of the accused person.
The Supreme Court reiterated that breaking the promise of marriage cannot be considered a false promise, unless the accused has an intention of cheating from the beginning of the relationship. The bench said that it is wrong to make a rape case under Section 376 by calling a false promise to break the promise of marriage. This trend has already been expressed concern.
The Supreme Court canceled the rape case against Amol Bhagwan Nehul of Maharashtra with this decision. Accused Nehul challenged the Bombay High Court order in the Supreme Court, refusing to cancel the criminal proceedings lodged on him. The Supreme Court overturned the order of the High Court and ended criminal proceedings.
The court also denied the rape charge after Live In Earlier, the Supreme Court had said in a case in March that no woman can accused of rape after being in a live in relationship for 16 years. Just breaking the promise of getting married does not make a case of rape, until it is proved that there was no intention of marriage from the beginning.
In 2022, the woman had filed a rape case on her former Livin partner. It was alleged that in 2006 the partner forcefully entered his house and had a physical relationship with him. Later, he was exploited for 16 years by pretending to marry. Then married another woman.
Court said- How can a educated woman stay in deception for so many years A bench of Justice Vikram Nath and Justice Sandeep Mehta gave a verdict, saying that if a woman stays in a relationship for so long, it cannot be called cheating or forced. This case is about the deterioration of live in relationship, not rape.
The court raised the question that how a educated and self-sufficient woman can stay in someone’s deception for so many years. How can it be that when suddenly his partner marries someone else, he files a case. The court ended the case and said that the legal process would be misused to continue the case.
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