Refusing To Marry After Sex Due To 'Kundali' Mismatch A Crime: Delhi High Court

New Delhi: The Delhi High Court on Monday said that refusing to marry due to a 'kundali' (horoscope) mismatch after having physical relationship based on an assurance of marriage will lead to case under Section 69 of the BNS.

What did the court say?

During the hearing on Monday, Justice Swarana Kanta Sharma said this while refusing to grant bail to a man, who was accused of making physical relationship with a woman and later denying to marry her on the basis of 'kundali' (horoscope) not matching.

The court said that physical relations were established over a period of time on the basis of the accused's repeated assurance to the woman there was no impediment to their marriage, including 'kundali' matching, and therefore, at this stage, his conduct would attract the offence under Section 69 of the BNS.

On the February 17 order, the judge said that the woman first lodged the complaint on November 2025 but was later withdrawn it "only on the assurance of marriage allegedly given by the accused and his family," and there was a subsequent refusal to marriage on the basis of 'kundali' not matching.

The FIR was lodged in January for offences under Section 376 (rape) of IPC and Section 69 of BNS.

What did the accuse say?

The accused, who is in judicial custody since January 4, sought bail on the ground that the relationship was consensual and wasn't made on false pretext as both the parties had known each other for eight years.

How did the court reply?

The court said that according to the sequence of events, it wasn’t a mere case of “relationship turning sour” but of repeated assurances of marriage despite the applicant being aware of the insistence of his family on “kundali” 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. But the present case, at this stage, stands on a different footing,” the judge said.

The judge, while further sharing about the nature of crime, said, "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."

Did High Court dismiss his bail?

The Delhi High Court refused to grant bail to a man, citing the nature of the allegations, the evidence collected during the investigation, and the fact that the chargesheet had not yet been filed.