Supreme Court: Man Refusing Marriage Can't Be Accused Of Rape If Woman Was Living With Him For Long

In a recent ruling, the Supreme Court quashed a rape case filed against a man accused of sexual assault based on a false promise of marriage. The court held that when a couple cohabits in a live-in relationship for a long period, it suggests they mutually agreed to the arrangement without necessarily intending to marry.

Supreme Court Says Rape Allegation Not Tenable After Long-Term, Consensual Live-In Relationship

As per Live Law, the couple lived together for over two years and signed a settlement deed on November 19, 2023, affirming their love and intent to marry. However, an FIR was filed on November 23, 2023, alleging the man had forced himself on the woman on November 18, 2023. The Uttarakhand High Court declined to quash the FIR, prompting the man to appeal to the Supreme Court.

A bench of Justices Sanjay Karol and Manoj Misra pointed out that the FIR did not mention that the physical relationship occurred solely due to a marriage promise. Since the relationship continued uninterrupted for over two years, it indicated clear consent. The Court said this long duration implies that both adults willingly chose the relationship and were aware of its implications.

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Supreme Court Says Continuing The Case Will Be Misuse Of Legal Procedures

The bench further noted that just because one partner expressed a desire to marry during the relationship doesn’t mean the relationship was based on that desire. In such situations, claiming rape on the grounds of a false marriage promise isn’t valid, the court said, as per Live Law.

The Supreme Court further remarked that while live-in relationships were rare a few decades ago, they have become increasingly common today, especially with more women achieving financial independence and taking charge of their own life choices. This independence has contributed to the rise in such partnerships.

Hence, the Court emphasised that legal authorities must avoid rigid interpretations in such cases. Instead, courts should consider the duration of the relationship and the behaviour of both parties to assess implied consent, regardless of whether the couple intended to marry.

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“Therefore, when a matter of this nature comes to a court, it must not adopt a pedantic approach rather the court may, based on the length of such relationship and conduct of the parties, presume implied consent of the parties to be in such a relationship regardless of their desire or a wish to convert it into a marital bond,” it said, as per Live Law.

In this case, the court said that the couple’s extended live-in arrangement, including living together in a rented home, clearly pointed to a consensual relationship.

Therefore, the appeal was allowed, and the court ruled that continuing the criminal case would amount to misuse of legal proceedings.

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