PUTTING VERMILION ON A WOMAN’S FOREHEAD CONVEYED A MAN’S INTENTION TO MARRY HER - ALLAHABAD HC.

As per the allegations, the applicant had sent a friend request on Facebook to the victim. The victim accepted the applicant's request after she came to know that she knew Kumar through a common acquaintance.
At a later stage, the victim and the applicant travelled to Lucknow, where the accused established a physical relationship after promising to marry her. However, the applicant refused to marry the victim, stating that his family members were married to the victim's family and they could not marry someone from the same family.
The Additional Government Advocate argued that the accused performed marriage through Maangbharai, which is a symbolic means and has a lot of significance under Indian customs.
The Court observed that the consent given by the victim was given under misconception of 
fact arising out of Maangbharai. Maangbharai by the applicant was proof of the fact that he entered into a physical relationship on the promise of entering into wedlock. 
In the present case, the promise given by the applicant was under false pretext and bad faith. 
Therefore the Court refused to quash the order passed by the Chief Judicial Magistrate. 

Author: Papiha Ghoshal