Woman Cannot Be Forced To Marry A Person With Whom She Earlier Developed Intimacy: Punjab & Haryana High Court

The Punjab & Haryana High Court has granted anticipatory bail to a woman accused of abetting the suicide of a man with whom she used to have an intimate relationship, by refusing to marry him after.

“A lady cannot be forced to marry a person it she has earlier developed intimacy with him,” said the bench of Justice Gurbir Singh.

The bench was hearing the plea of accused who was named in the deceased's suicide note. The alleged note said since the petitioner refused to marry him, so he ended his life.

Counsel for petitioner argued that here was history of dispute and the matter went to the Police Station in February. A compromise was effected and it was settled that the son of the complainant would not harass the petitioner and parents of the boy would take responsibility for the same. In the entire alleged suicide note, no overt act has been attributed to the petitioner, he added.

Considering the submissions the Court noted that the petitioner and deceased were having intimate relations. Then their relation became strained. After the compromise in the the Police Station, there was no intimacy between the petitioner and the deceased.

While observing that gravity of offence is one of the factors for granting or denying the concession of anticipatory bail the Court said, but in the instant case, it is debatable if there was any role of petitioner, which resulted in suicide by Rahul.

Stating that Since custodial interrogation of the petitioner is not necessary and the petitioner, being an unmarried girl, the Court granted her pre-arrest bail.

Case Title: Gurleen Kaur v. State of Punjab

Appearance: Naveen Sharma, Advocate for the petitioner.

Rohit Ahuja, DAG, Punjab.

Abhishek Khullar, Advocate for the complainant

Click here to download/read order.