If the woman is already married then the allegation of the woman that the accused has cheated her by breaking the promise of marriage is illegal--Karnataka High Court

 The Karnataka High Court has recently ordered quashing of a complaint filed by a married woman against a man who alleged that the accused had promised to marry her and also made physical relations with her but later by breaking the promise of marriage, the accused cheated her.                                                                              According to the case, a woman who was already married to a man and had a daughter from this marriage, due to some reasons, there was a estrangement between the husband and wife and the relationship deteriorated so much that it was difficult for them to live together.After which both started living separately, the woman started working to meet her needs. At the workplace, the woman met the accused person and both of them became mutual.The woman alleges that the accused made physical relations by luring her to marry her, but later he cheated her by breaking his promise, that is why she has to file a complaint against the accused.                                               During the hearing in the court, the accused person argued that he had never assured the complainant woman to marry him. He further said that he had helped the woman at a time when she was in dire need of help.Since the woman was already married, she would be deemed to be married until she is divorced from her husband, in which case the allegation that he had given her an assurance to marry her would have no merit.                                                                  On going through the evidence available on record, the bench observed that the accused used to send money for the maintenance of the woman from Malaysia when he was working there which made the woman realize that the accused could be a good husband but later the accused stopped giving money to the woman and answering phone calls                                                                                              

nna's bench, while ordering the cancellation of the complaint lodged by the woman, said that the charge of cheating is made on the ground that the accused has committed a breach of promise to marry when the woman is already married. In such a situation, when the woman is already married, then the allegation of breach of promise of marriage and cheating is meaningless. It is not legally correct to make such an allegation by a married woman.