Delhi High Court Flags Rise in Rape Allegations Used as Leverage in Matrimonial Cases

The Delhi High Court has observed an emerging trend in matrimonial disputes where allegations of rape, molestation, and other sexual offences are being invoked to pressure in-laws into paying hefty settlements. Justice Girish Kathpalia made the remarks while staying trial proceedings in a case involving allegations of cruelty, rape, sexual harassment, and criminal intimidation against two brothers-in-law.

The court was hearing a petition filed by the two brothers-in-law seeking to quash an FIR registered at Sangam Vihar Police Station. The petitioners argued that the criminal case was filed out of vengeance after the complainant's husband initiated divorce proceedings in September 2023.

The senior advocate representing the petitioners contended that the FIR was a complete abuse of process, as serious allegations of sexual misconduct had been levelled against them. He noted that while the FIR lodged on April 15, 2024, contained no allegation of rape, the complainant introduced the charge for the first time in her statement under Section 164 of the Code of Criminal Procedure on June 15, 2024, claiming the alleged offence occurred in 2017. The petitioners questioned why the complainant remained silent for so long.

Justice Kathpalia remarked that following the Supreme Court's judgment in Arnesh Kumar v. State of Bihar (2014), which curtailed automatic arrests in matrimonial disputes, 'a trend is setting in where the complainants have started alleging such serious charges of rape, molestation and similar other sexual misconduct only to ensure that the in-laws of the complainant are compelled to settle the matrimonial disputes by paying hefty amounts.'

The court stayed the trial proceedings until further orders. The matter has been listed for further hearing on November 17, 2026.