Consent in Live-in Relationship Not Rape, Says Court
In a significant judgment, the Supreme Court of India has ruled that a consensual live-in relationship cannot be termed as rape if the couple later separates. The court clarified that when two adults willingly enter into a relationship, the breakdown of that relationship does not automatically amount to a criminal offence.
Case Involving Alleged False Promise of Marriage
The case involved a woman who accused her live-in partner of rape on the grounds that he had allegedly promised marriage but failed to fulfill it. The couple had lived together for a long period and also have a child.
During the proceedings, it was revealed that the accused was already married, a fact that the woman claimed she was unaware of at the time of entering the relationship.
Bench Led by Justice B.V. Nagarathna
The matter was heard by a bench led by Justice B. V. Nagarathna. During the hearing, the judge questioned why the woman chose to live with the accused before marriage and emphasized that the relationship appeared to be consensual.
The court observed that if a relationship is based on mutual consent, it cannot be classified as rape, even if one party later feels deceived.
Child From Live-in Relationship Not Illegal
The court also made an important observation regarding the child born out of the relationship. It stated that even if the relationship is not legally recognized as marriage, the child cannot be considered illegitimate.
Furthermore, the woman has the legal right to seek maintenance for the child.
Arguments Presented by Both Sides
The petitioner’s counsel argued that the woman had become a widow at the age of 18 and later entered into the relationship based on the accused’s promise of marriage. It was also alleged that the accused had multiple marriages and a history of exploiting women.
However, the court maintained that its focus was on the present case and whether the relationship was consensual.
Court Suggests Amicable Settlement
While expressing sympathy for the woman’s situation, the court suggested that both parties should consider resolving the matter through mutual understanding.
The judgment highlights the legal distinction between consensual relationships and criminal offences, while also reinforcing the rights of children born out of such relationships.