New Delhi:
Walking out of a live-in relationship does not, by itself, constitute a criminal offence, the Supreme Court has observed, flagging the risks in such relationships in the absence of a marriage bond.
The observation was made by Justice BV Nagarathna while hearing a petition by a woman accusing a man of raping and assaulting her on the false pretext of marriage. The court also stressed the differences between consensual live-in relationships and criminal sexual offences.
Justice Nagarathna noted that when adults choose to live together outside marriage, such relationships often carry inherent risks.
“This is a live-in relationship. She went on to have a child with the man without marriage and now she is saying rape and assault. What is this?” Justice Nagarathna asked, questioning how a consensual relationship could lead to an allegation of sexual assault.
Such questions are often criticised as “victim-shaming”, the judge noted but insisted that examining the nature of consent is crucial. “Where is the question of offence when there is a consensual relationship?” she asked.
“This is what happens in live-in relationships. For years, they lived together. When they split up, the lady files a complaint against the man for sexual assault. These are all the vagaries of relationships outside marriage,” the judge added.
The petitioner’s counsel informed the court that the accused had met the widow when she was 18 years old and had promised to marry her. The accused was already married at the time and the woman was not aware of it, the counsel claimed.