Sep 13, 2021 06:30 UTC
Sep 13, 2021 at 06:30 UTC
Allahabad HC: Putting vermillion On victim’s forehead shows man’s intention to marry
The Allahabad High Court held that under the Hindu rituals and customs, putting a vermilion on the forehead of a woman by a man conveys a man’s promise and intention to marry the woman, which is sufficient enough for a woman to believe it as a promise of marriage.
Vipin Kumar @ Vikki v. State of U.P. and Another
The Single Judge Bench of Justice Vivek Agarwal opined that putting vermilion on the forehead of a woman clearly shows the intention of the person to have accepted the other person as a spouse.
The High Court was hearing the plea filed by Vipin Kumar who sought of quashing of summoning order passed by the Chief Judicial Magistrate of Shahjhanpur in a criminal case registered against him under section 376 of IPC.
Also, he prayed for quashing of the charge sheet and entire proceedings of the case on the ground that in view of the contents of the FIR, it was evident that the complainant had consensual sex with him.
The prosecution submitted that the applicant had performed a ceremony with the woman, though symbolic called “मांगभराई” which is an important step under Hindu Traditions and Culture leading towards the marriage.
Therefore, it was argued that in the name of this ceremony, a false promise to marry was made as it was a sort of consummation of marriage with the victim.
It was further added that the taking place of this ceremony was itself indicative of the applicant holding a false promise of marriage in as much as he had no intention of marrying the prosecutrix.
The court observed that to establish the consent was vitiated by a misconception of fact arising out of the promise to marry, two propositions must be established. Firstly, that is the promise of marriage must have been a false promise, given in bad faith and with no intention of being adhered to at the time it was given. Secondly, the false promise itself must be of immediate relevance or bear a direct nexus to the woman’s decision to engage in the sexual act.
The court further noted that there was no material available on record to show that the prosecutrix was deeply in love with the applicant.
Therefore, the court dismissed the application.