New Delhi, April 27: The Supreme Court has made significant remarks regarding live-in relationships. The court raised a critical question: how can a woman accuse her partner of sexual assault or rape after living together for 15 years and having a child?
A bench comprising Justices B.V. Nagarathna and Ujjwal Bhuiyan noted that live-in relationships come with their own risks. They lack the legal protections and stability found in marriage. Couples living together without marriage can end their relationship at any time, and breaking up cannot be deemed a crime.
This case originates from Madhya Pradesh. The woman alleged that her live-in partner had misled her into a physical relationship under the pretense of marriage. She claimed that the man concealed his prior marital status. Based on this, she filed a case against him under sections 69, 115(2), and 74 of the BNS Act.
The Madhya Pradesh High Court had dismissed this case, prompting the woman to challenge the decision in the Supreme Court.
During the hearing, Justice B.V. Nagarathna inquired, “How can a consensual relationship over 15 years be classified as rape? They lived together without marriage and even had a child.”
The court stated that a long-term relationship formed by mutual consent cannot later be redefined as rape. It advised the woman to seek legal avenues for child maintenance instead of pushing for her partner’s imprisonment. The rights of the child are paramount, and she can secure alimony.
Furthermore, the court clarified that a breakup in such relationships cannot be treated as a criminal matter, especially when the relationship has been lengthy and includes a child.
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