Legal marriage validates consent for sex; religious ceremony not needed: Bombay High Court quashes rape case

The Bombay High Court recently quashed a First Information Report (FIR) against a rape accused after finding that the man was legally married to the complainant although the marriage was not solemnised according to religious customs [Pushkar Vaigankar v State of Goa]..A Bench of Justice Bharati Dangre and Justice Nivedita Mehta held that given the existence of a legally recognized marriage known to both parties, it cannot be argued that wife's consent to engage in sexual relationship with the husband was vitiated by his promise to marry based on religious customs..The case involved a 26-year-old man who was married to the complainant-wife in July 2022 under civil law, but the marriage had not been solemnized according to religious customs.The petitioner, after discovering his wife’s alleged prior relationships, filed for annulment of their marriage.In response, the wife filed a complaint accusing him of sexual assault, claiming that the petitioner had exploited her under the false promise of marrying her religiously.The petitioner argued that the complaint was a retaliatory move after he sought to annul the marriage and that the acts mentioned in the FIR did not constitute the offences of rape or cheating..The Court ruled in favour of the man. It held that the acts by the man cannot be considered as false promise to marry since he was already married to the complainant."The petitioner's promise to marry respondent no. 3 (wife) according to religious customs cannot, by any stretch of the imagination, be interpreted as a false promise to marry, especially considering that the marriage between the parties had already been legally registered," the Bench said. It added that at most, the petitioner’s actions could be seen as a breach of promise to marry, as he had refused to solemnize their marriage according to religious customs after learning of the wife's alleged previous relationships. The Court further clarified that the allegations did not make out a case for rape or cheating under the Indian Penal Code since the accused and the complainant were legally married at the time of their sexual interactions.Hence, the Court quashed the FIR as well as the chargesheet..Advocate Vibhav Amonkar appeared for the petitioner.Additional Public Prosecutor Somnath Karpe appeared for the State.Advocate Shirin V Naik appeared for the respondent-wife. .[Read Order]