New Delhi: The Delhi High Court has ruled that refusing to marry a woman due to a horoscope or ‘kundali’ mismatch after establishing a physical relationship on the assurance of marriage can attract prosecution under Section 69 of the Bharatiya Nyaya Sanhita (BNS).

Justice Swarana Kanta Sharma made the observation while rejecting the bail plea of a man accused of entering into a physical relationship with a woman over a period of time and later declining to marry her, citing non-matching birth charts.

Court refuses bail to accused

The accused, who has been in judicial custody since January 4, sought regular bail, arguing that the relationship was consensual and that both parties had known each other for nearly eight years.

His lawyer contended that the case did not amount to rape on the false promise of marriage and claimed that criminal charges were not justified.

However, the High Court disagreed.

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According to the court’s order dated February 17, the woman had initially filed a complaint in November 2025. She later withdrew it after the accused and his family allegedly assured her that the marriage would take place.

Subsequently, the accused refused to marry her, stating that their ‘kundalis’ did not match.

Following this, a fresh FIR was registered in January 2026 under Section 376 (rape) of the IPC and Section 69 of the BNS, which criminalises sexual intercourse obtained through deceitful means, including false promises.

The court observed that this was not a simple case of a relationship breaking down.

It noted that physical relations were established based on repeated assurances from the accused that there were no obstacles to the marriage, including horoscope compatibility. The judge pointed out that the accused was aware of his family’s insistence on kundali matching but continued to assure the woman otherwise.

"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.

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The bench added that refusing marriage later on the ground of horoscope mismatch, despite earlier promises to the contrary, raises serious questions about the genuineness of the assurance given.

At this stage, the court held, such conduct would attract Section 69 of the BNS.

While dismissing the bail plea, the High Court stated that considering the nature of the allegations, the material collected during investigation, and the fact that the chargesheet is yet to be filed, it was not inclined to grant relief.