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Supreme Court Decision On False Promise Of Marriage

The Supreme Court of India has issued several landmark decisions regarding the issue of false promises of marriage. The court has recognized that a false promise of marriage, when made with the intention to deceive and induce a person into a sexual relationship, can be considered a grave violation of an individual's rights and can lead to legal consequences.


These decisions highlight the importance of consent, good faith, and the protection of individual autonomy within relationships. They establish that if a person has been deceived into engaging in a sexual relationship based on a false promise of marriage, it can be treated as a breach of trust, leading to potential legal remedies for the aggrieved party.


These judgments have contributed to the evolution of legal principles surrounding consent, sexual autonomy, and the recognition of emotional harm caused by false promises of marriage. They serve as important guidelines for courts and individuals in addressing such cases and ensuring justice in instances of deceitful conduct within intimate relationships.


What is a False Promise of Marriage?

A false promise of marriage refers to a situation where one person falsely represents or assures another person of their intention to marry them, typically with the aim of establishing a romantic or sexual relationship. However, the person making the promise never intends to fulfill it, thereby deceiving the other party into entering into the relationship based on false expectations of a future marriage. It is considered a breach of trust and can have legal implications in certain jurisdictions.

How Does the Court Determine a False Promise of Marriage?

When determining a false promise of marriage, the court considers various factors and examines the evidence presented in the case. There are some factors that courts may consider:

  • Existence of a Promise: The court looks at whether there was a clear and unequivocal promise of marriage made by one party to the other. This can be in the form of explicit statements, representations, or actions indicating an intention to marry.

  • Deception or dishonesty: The court examines whether the promise was made with the intent to deceive the other party, inducing them into a romantic or sexual relationship based on false expectations of marriage. The element of dishonesty or fraud is crucial to establishing a false promise of marriage.

  • Reliance: The court considers whether the party who was promised marriage reasonably relied on the promise and altered their position or suffered some detriment based on that reliance. This can include emotional attachment, financial investments, or other significant changes made in anticipation of the promised marriage.

  • Evidence: The court evaluates the evidence presented, such as written communications, witnesses, electronic messages, or any other relevant documentation, that supports the claim of a false promise of marriage.

  • Intent: The court may analyze the intention of the promisor at the time the promise was made. If it is established that the promisor never had a genuine intention to marry, it strengthens the case of a false promise.

Role of Judiciary

  • In S. Khushboo v. Kanniammal, the Supreme Court held that a mere promise to marry, without any intention or ability to fulfill it, cannot be considered an offense of cheating under Section 415 of the Indian Penal Code. The court emphasized the importance of personal relationships and the need to establish a clear distinction between a breach of promise and a criminal offense.

  • In Yusuf Abdul Aziz v. State of Bombay, the Supreme Court held that when a person induces someone into a sexual relationship by making a false promise of marriage, it amounts to deception and can be considered a valid ground for filing a complaint of rape.

  • In R.K. Jain v. State (Delhi Administration), the Delhi High Court held that when a man falsely promises to marry a woman, knowing fully well that he has no intention to do so, it amounts to an offense of cheating punishable under Section 415 of the Indian Penal Code.

You will need the help of lawyers who can provide guidance based on the specific laws and precedents applicable in your jurisdiction. If you need the help of lawyers to know about the Court marriage procedure, then court marriage lawyers can be hired, and if you need the help of lawyers to know about the Court marriage fees, then court marriage lawyers can also be hired. Similarly, Court marriage lawyers can be employed if you need to know about the required Court marriage documents.

For any type of legal consultation, you can consult and talk to a lawyer at Lead India. You could get online legal advice in India for free. Along with free legal advice online, you can also receive free legal advice in India in return from Lead India.


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