Madras High Court said that women living in live-in should get the status of wife for security. Having sexual intercourse on false promise of marriage is a crime. The court said that in such cases, trial and custodial interrogation under Section 69 is necessary.
Madras High Court has said in an important decision today that it is necessary to give the status of wife to women living in live-in relationship. Madurai Bench said that women living in such relationships will be able to get security only if they are given the status of wife. Justice S. Srimathi said in the judgment that women in live-in relationships do not have the security of marriage, hence it is the responsibility of the court to protect them.
false promise of marriage
When a man lives in a live-in relationship with a woman and then has physical relations with her on the false promise of marriage, it is a matter of great concern. Men first come into live-in relationships by talking sweetly. Later, when the relationship deteriorates, they start questioning the woman herself. Justice said that they are able to do this because there are no specific legal rules regarding live-in relationships, which is a serious matter.
Not accepted in society, yet common
Even though the society in India does not completely accept live-in relationships, they have now become common. While in a relationship, men consider themselves modern, but after physical relations, when discord starts between the two, they put all the blame on the woman and start calling her good or bad. The Justice said that if the accused refuses to marry after establishing a relationship, a case can be registered under Section 69 (sexual intercourse by deception).
What is the story of this case?
The court was hearing the petition of a woman who was in a live-in relationship. The woman trusted her school friend and formed a relationship with him. When the family members did not agree to their marriage, both of them decided to run away from home and get married in August 2024. Meanwhile, the girl’s family lodged a missing report. The police caught the couple and sent the girl back home.
During this time, physical relations had developed between the two. But the boy kept postponing the marriage by making different excuses. Later, there was a fight between the two and the relationship broke down. The woman lodged a complaint alleging fraud. The accused then sought anticipatory bail saying that the relationship was consensual. He also accused the girl that she was friends with someone else, hence he did not want to marry her. Also, he said that he is unemployed, so cannot afford the wedding.
What did the court say?
Rejecting the bail plea, the court said that sexual intercourse by deception may not be rape but it can be considered a separate offense under Section 69 of CrPC. The Court also noted that under the new criminal law, Parliament has made sexual intercourse on false promise of marriage a separate offence. The court said that since the accused has refused to marry, it is necessary to prosecute him under Section 69 and conduct custodial interrogation in view of this offence.