The court also emphasized that a woman’s choice to be in a relationship based on the man’s specific promises cannot be dismissed as mere obsession when he later refuses to keep his commitment.
NEW DELHI: The Delhi High Court has strongly criticized the argument that a woman must foresee marriage-related issues if she is older than her partner. The court described this reasoning as “patriarchal” and “misogynistic.”
Justice Swarana Kanta Sharma, while delivering the verdict, refused to cancel an FIR against a man accused of raping a woman under the false pretext of marriage.
The court clearly stated that such an argument is “legally untenable” and “devoid of merit.” The judge also emphasized that a woman’s choice to be in a relationship based on the man’s specific promises cannot be dismissed as mere obsession when he later refuses to keep 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 court said on March 20.
The court further remarked, “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 serious allegations and the material evidence, the court ruled that there was no reason to quash the FIR at this stage and dismissed the man’s petition.
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The woman alleged that the man had forcibly engaged in physical relations, including unnatural sex, with her on the pretext of marriage between 2018 and 2021.
According to her complaint, she and the man became friends as they worked together. He assured her that they would have a future together and even persuaded her to reject other marriage proposals she received.
She also stated that she had financially helped the man on several occasions. However, his behavior gradually changed, and he started avoiding her.
Later, the man allegedly refused to marry her or return the money, leading the woman to file a complaint against him with the police in May 2021.
His lawyer argued in court that the relationship was consensual and that the woman was fully aware of potential challenges to their marriage. He cited financial issues and family opposition, particularly due to their age difference, as factors contributing to their inability to marry.
Despite the man’s plea, the Delhi High Court made it clear that arguments based on outdated gender biases have no legal standing. The court’s decision reinforces the principle that individuals must be held accountable for their commitments and cannot justify their actions based on gender stereotypes.
