The Supreme Court of India has observed that the breakdown of a live-in relationship, by itself, does not amount to a criminal offence. The court made the observation while hearing a petition filed by a woman accusing a man of rape, assault, and exploitation on the false pretext of marriage.
The matter was heard by Justice B V Nagarathna, who addressed the nature of consent and the distinction between consensual relationships and criminal offences.
During the hearing, the court noted that adults who choose to live together without marriage should be aware of the risks involved in such arrangements. "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?"
The judge questioned how a consensual relationship could later lead to allegations of sexual assault. She also acknowledged that such remarks are sometimes criticised. "Such questions are often criticised as 'victim-shaming',"
At the same time, the court stressed the importance of consent in such cases. "Where is the question of offence when there is a consensual relationship?"
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Referring to the nature of such relationships, the judge further observed, "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 petitioner's counsel informed the court that the accused had met the woman, a widow, when she was 18 years old and had promised to marry her. The counsel also stated that the accused was already married at the time and had four wives, which the woman was allegedly unaware of.
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Justice Nagarathna questioned the woman's decision to continue the relationship without marriage and to have a child. When the counsel argued that the accused had behaved similarly with others, the judge said the court was only concerned with the present case.
The court also expressed sympathy for the woman and stated that she has the right to seek maintenance for the child. However, it reiterated that the end of a live-in relationship cannot be treated as a criminal offence.
"There can be an illegitimate relationship, but the child (born from such a relationship) cannot be illegitimate. If there were a marriage, then her rights would have been better,"
The court also advised both parties to consider resolving the matter through mediation.
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