Denying marriage after physical relations on grounds of birth-chart mismatch may constitute deceit under India’s new criminal code, rules Justice Swarana Kanta Sharma
The Delhi High Court has delivered a significant ruling, holding that refusing to marry a partner after establishing physical relations on the pretext of a ‘kundali’ mismatch can attract charges under Section 69 of the Bharatiya Nyaya Sanhita (BNS), which criminalises sexual intercourse obtained through deceitful means.
Justice Swarana Kanta Sharma made the observation while denying bail to an accused who had maintained a physical relationship with a woman over several years, repeatedly assuring her of marriage including assurances that their birth charts posed no obstacle. His subsequent refusal, citing mismatched ‘kundalis’, prompted the court to question the genuineness of those promises.
The court distinguished the case from relationships that simply fall apart, noting a clear pattern of repeated assurances followed by deliberate retraction. The woman had previously withdrawn a complaint in November 2025 on a renewed marriage promise, only for a fresh FIR to be filed in January 2026.
“Such conduct, at this stage, would attract the offence under Section 69 of the BNS,” the court stated, dismissing the bail application
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