Sending erotic messages to fiancée – not labelled as insult: Mumbai Court

A Mumbai sessions court acquitted a 36-year-old man after he was charged with deceiving and raping a woman under the guise of marriage.

The court stated that sending ‘obscene messages’ to a woman one intends to marry does not constitute an insult to her modesty. According to the ruling, sending obscene messages during the premarital time ‘may give happiness’.

‘If at all those are not liked by the other side, it has the discretion to convey dislike to the other side, and the other side generally avoids a repeat of such a mistake. The purpose was to put up his expectation before her, to arouse her with a similar feeling of sex, which may give happiness even to her, etc. But in no way those SMS can be said as were sent to insult her modesty’, the court said.

According to reports, the woman had filed an FIR in 2010. In 2007, the couple met on a matrimonial website and attempted to get married over resistance from the mother of the accused. Once the son informed his mother about his plans to go ahead with the marriage, she refused to allow him to reside in their homes. Hence, the accused man ended the relationship in 2010.

While acquitting the man of rape allegations, the court stated that breaking a commitment to marry someone is not the same as cheating or rape.

As per the judge, the woman did not have to allow the accused to have a physical relationship with her prior to the wedding. Despite being aware of objections from the accused’s family, the woman chose sex, believing wholeheartedly that they would marry, the court added.

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It was observed that the pair had been dating for two years and the accused had rented a property for the couple to live in before shifting to a flat that belonged to his family.

The court said, ‘He had even been to Arya Samaj Hall with mangalsutra… It is certainly not the case by false promises of marriage. It is the case of failure to make substantial efforts’.

The court concluded, ‘Even after respecting emotions of the informant (woman), respecting her fighting for justice for 11 years or more, this court is of humble opinion that this is not a case which would show that the offence of rape has been committed’.