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Mumbai: Sending dirty message to woman before marriage not crime, says Sessions Court

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Mumbai: Keeping in view that sending “obscene messages” to a woman, one is eventually going to marry, or a fiancée, cannot be termed as insulting the former’s modesty, a sessions court acquitted a now 36-year-old man, 11 years after he was booked for cheating and raping the fiancée under the false promise to marry.

The Mumbai Sessions Court’s View

The court held that sending obscene messages in premarital period may “delight” and give the feeling that someone is close enough to understand one’s emotions, according to reports by Times of India.

The court put forth statements that may easily be termed controversial. It said, “If at all those are not liked by the other side, it has discretion with it to convey its displeasure to the other side; and the other side generally avoids a repeat of such a mistake.”

It further added, “The purpose was to put up his expectation before her, to arouse her with similar feeling of sex, which may give happiness even to her, etc. But in no way those SMSs can be said as were sent to insult her modesty”.

The Case’s Background

The woman who had allegedly been cheated by her fiancé, had previously lodged an FIR eleven years back, in 2010.

The couple had met on a matrimonial site in the year 2007 and decided to marry despite opposition. The male (former) partner ended the relationship with a break-up in 2010, giving the reason that his mother has disapproved of their wedding and would not let him stay in any one of two houses, if he stayed together in a relationship with his then partner. The court said that he had initially taken a house on rent and later renovated a flat belonging to his family.

Post the break-up, the woman put allegations that the man cheated on her and raped her under the pretext of marriage.

The present Acquisition

The court has now let go of rape and all other charges against the man. In this regard, it has said, every breach of promise to marry cannot be termed as cheating or rape.

“He had even been to Arya Samaj Hall with mangalsutra but it was the quarrel on the ground of stay after marriage and thereafter, by getting tired of his indecisiveness and getting surrendered before his mother’s wish and failing to handle and tackle the problem stood before him in proper manner, he came back. But it is certainly not the case of false promise of marriage. It is the case of failure to make substantial efforts,” said the court.


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