The Supreme Court of India on Monday observed that a man and woman are “total strangers” before marriage and should exercise caution while engaging in pre-marital physical relationships, as it heard a bail plea in an alleged rape case based on a false promise of marriage.
A Bench of Justices B V Nagarathna and Ujjal Bhuyan made the remarks while considering the petition of a man accused of establishing physical relations with a woman on the pretext of marrying her. The accused had challenged the denial of bail by the Delhi High Court.
“It’s consensual. We may be old-fashioned but a boy and girl before marriage are total strangers. They should be circumspect in indulging in physical relationships before marriage,” the Bench observed during the hearing.
Justice Nagarathna added, “Whatever may be the thick and thin of their relationship, we fail to understand how they can be indulging in physical relationship before marriage. Maybe we are old-fashioned but you must be very careful, nobody should believe anybody before marriage.”
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According to the complainant, the two met on a matrimonial website in 2022. She alleged that the man established physical relations with her on multiple occasions in Delhi and later in Dubai on a false promise of marriage. She further claimed that he recorded intimate videos without her consent and threatened to circulate them. The woman also stated that she later discovered he had married another woman in Punjab in January 2024.
During the hearing, the Bench questioned the complainant’s decision to travel to Dubai and indicated that the case appeared, prima facie, to involve a consensual relationship. “She should not have gone before marriage if she was so strict about it. We will send them to mediation. These are not cases which are to be tried and convicted when there is consensual relationship,” Justice Nagarathna remarked.
The High Court had earlier rejected the accused’s bail plea, observing that the allegations suggested the promise of marriage was false from the outset, particularly as he was already married and subsequently married again.
The apex court suggested exploring the possibility of settlement and asked the accused’s counsel to consider compensation. The matter has been posted for further hearing on Wednesday.
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