The Delhi High Court has criticized as "patriarchal" and "misogynistic" the notion that a woman should anticipate marriage-related challenges solely because she is older than her partner.  

The single-headed bench of Justice Swarana Kanta Sharma, consequently, declined to quash an FIR against a man accused of rape on the pretext of a false promise of marriage.  

The court deemed the argument "legally untenable" and "devoid of merit," emphasizing that a woman's choice to enter a relationship based on a man's explicit assurances cannot be trivialized as mere obsession when he later reneges on his commitment.

"The submission (of man's counsel) that a woman must assume additional responsibility and foresee marriage-related difficulties solely because she is elder to her partner is based on a patriarchal and legally flawed premise," the judge said on March 20.

The order went on, "Such an argument not only lacks legal standing but also reflects a misogynistic perspective that seeks to impose an unreasonable burden on the victim while absolving the petitioner of accountability for his own assurances and conduct."

Taking into account the prima facie evidence and the seriousness of the allegations, the court found no justification for quashing the FIR at this stage and accordingly dismissed the man's petition.

The man was accused of forcibly engaging in physical relations, including unnatural sex, with the woman under the false pretext of marriage between 2018 and 2021.  

According to the woman, they became friends as colleagues, and the man assured her of a future together, even persuading her to reject other marriage proposals.  

She further claimed to have provided him with financial assistance multiple times, but his behavior eventually changed, and he began avoiding her.  

The woman alleged that he later refused to marry her or return the money, prompting her to file a police complaint in May 2021.  

The man's counsel, however, argued that their relationship was consensual and that the woman was fully aware of the potential challenges to their marriage, including financial difficulties and family opposition, particularly due to their age difference.