If a married woman has sex with a man with her consent, it will not be considered a rape case: Jharkhand High Court
The Jharkhand High Court has held in its judgment that if a married woman has a consensual sexual relationship with a man other than her husband, then later that woman cannot file a rape case against that man. Many times such cases come to the fore in which it is said by the woman that sexual relations were established only on the promise of marriage. In simple words, the court says that a married woman cannot be induced to have sex by false promise of marriage, because this promise itself is illegal. Know what is the whole matter?
Illegal to promise
Justice Sanjay Kumar Dwivedi, while quashing the allegation of rape in his judgement, said that the victim in the case is a married married woman. She had sexual relations with Manish Kumar against her will, knowing that she could not marry Manish Kumar, as she herself was already married, in spite of that she established relations with Manish. Making such a promise is illegal in itself and cannot be considered as the basis of prosecution under section 376(2)(n) of the Indian Penal Code (IPC).
Married woman had accused of rape
The married woman’s mother had filed a complaint against Manish Kumar in the Deoghar District Court, stating that her daughter came in contact with Manish Kumar during the Shravani Mela in Deoghar. The woman told Manish Kumar that she was married and her Divorce case is going on with husband. After that Manish had sex with her. Although this woman says that sexual relations were made on the agreement that Manish would marry her after divorce, but later Manish refused to marry her. The court has said that if a married woman voluntarily has physical relations with a man other than her husband, then it cannot be considered a case of rape.
Cheating rape case
After refusing to marry, this woman’s mother had filed a case of cheating against Manish. On the same basis, Deoghar District Court also took cognizance. Against this decision, Manish Kumar filed a petition in the High Court and urged that the matter be quashed. Now the High Court has passed an order on this petition and said that further action on this matter will be taken in Deoghar Court only.
