allahabad high court

Allahabad High Court: In a bail application filed by an accused who allegedly refused to marry the victim after having sexual relationship with her on a false promise to marry her, on the ground that she has a Mangal dosh in her Kundali, Brij Raj Singh, J. directed the Astrology Department of Lucknow University to determine if an alleged rape victim is a Mangalik by examining her kundali in three weeks.

The accused submitted that the victim is mangalik, therefore, marriage could not be solemnised and the same has been refused. Per Contra, the victim has submitted that she is not mangalik.

The Court directed the Head of Department (Astrology Department), Lucknow University to decide the matter whether the girl is mangalik or not and directed the parties to produce the kundali before the Astrology Department of Lucknow University.

Further, the Court directed the Head of Astrology Department to submit the report in a sealed cover within three weeks to this Court.

The matter will next be taken up on 26-06-2023.


Also Read: ‘Each breach of promise to marry is not a false promise’; Supreme Court acquits man accused of rape by a mother of three

and

There is a difference between false promise to marry and breach of promise to marry; Calcutta High Court quashes offence of Rape


[Gobind Rai v State Of U.P, 2023 SCC OnLine All 209, Order dated 23-05-2023]


Advocates who appeared in this case :

Counsel for Applicant:- Advocate Ravindra Kumar Singh, Advocate Anjali Dubey, Advocate Manoj Kr. Singh, Advocate Rajiv Mishra, Advocate Soniya Mishra, Advocate Soni Pathak;

Counsel for Opposite Party:- Government Advocate Vivek Kumar Singh.

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