Himachal Pradesh High Court Rules Consensual Physical Relationship Is Not a False Promise of Marriage

December 9, 2025

Shimla: The Himachal Pradesh High Court has delivered a landmark judgment, holding that a physical relationship with mutual consent is not a false promise of marriage. The judgment sheds light on cases where women allege sexual harassment under the guise of marriage, but the relationship was consensual between both parties.

Case and allegations

In this case, a complaint was filed at the Manali police station in 2019, in which a woman alleged sexual harassment. The woman was already married, but she had consensual physical relations with a man other than her husband. The woman alleged that she was later falsely promised marriage.

Court delivers verdict

The Himachal Pradesh High Court has said that a consensual physical relationship is not a false promise of marriage. The court said that this law was made for the protection of women, but it is also misused. When physical relation between the two parties is consensual, it would be wrong to consider it as marriage promise.

Petition and FIR dismissed

The petitioner filed a petition in the High Court to quash the FIR, stating that the physical relation between the two was consensual and there was no promise of marriage. The court accepted the petition and quashed the FIR.

Court’s reasoning

The court said that it is not enough to have a victim and a perpetrator. The woman was already married and the relationship was consensual. The court also noted that the woman had physical relation with a man other than her husband. The court also noted the pending divorce petition filed by the woman.

Taking into consideration all the evidence and witnesses, the Himachal Pradesh High Court allowed the petition and quashed the FIR. This decision highlights the importance of consent in cases of false accusations and exploitation under the guise of marriage.