New Delhi:
The Delhi High Court has termed as “patriarchal” and “misogynistic” the argument that a woman must foresee marriage-related difficulties in case she was older than her partner.
Justice Swarana Kanta Sharma, therefore, refused to quash an FIR against a man accused of raping a woman on the false promise of marriage.
The court said the argument was “legally untenable” and “devoid of merit” and observed a woman’s decision to engage in a relationship based on the man’s specific promises couldn’t be dismissed as a mere obsession when he later went back on his commitment.
“The submission (of man’s counsel) that a woman must assume additional responsibility and foresee marriage-related difficulties solely because she is elder to her partner is based on a patriarchal and legally flawed premise,” the judge said on March 20.
The order went on, “Such an argument not only lacks legal standing but also reflects a misogynistic perspective that seeks to impose an unreasonable burden on the victim while absolving the petitioner of accountability for his own assurances and conduct.” Considering the prima facie material on record and the gravity of the allegations, the court said there was no justification for quashing the FIR at this stage and dismissed the man’s petition.
The man was alleged to have forcibly established physical relations, including unnatural sex, with the woman on the pretext of marriage between 2018 and 2021.
The woman claimed she had befriended the man as they were colleagues and he assured her of spending the future together and even asked her to reject all other marriage proposals she was receiving.
The woman said thought she had financially assisted the man several times but his behaviour changed eventually and he started avoiding her.
The man was alleged to have refused to marry her or repay the money after which she lodged a complaint against him with the police in May, 2021.
His counsel argued the couple was in a consensual relationship and said the woman was well aware of the potential obstacles to their marriage, including financial constraints and family opposition, particularly due to their age difference.
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