New Delhi: The Supreme Court on Monday made pointed remarks about physical relationships before marriage while hearing a bail plea in a case involving allegations of rape on the promise of marriage. The observation came during arguments in a matter where a man has been accused of misleading a woman into a relationship despite already being married.
A bench if Justice BV Nagarathana and Justice Ujjal Bhuyan was hearing the bail plea of the accused. The prosecution alleged that the man assured the woman that he would marry her and based on that assurance, she entered into a physical relationship with him. The two had reportedly met in 2022 through a matrimonial website.
According to the complaint, the relationship even extended to trips abroad, including meetings in Dubai. The woman later discovered that the man was already married at the time and had subsequently married another woman in Punjab in January 2024.
Court’s observations during hearing
During the proceedings, Justice Nagarathna remarked that caution must be exercised before entering into a physical relationship prior to marriage. “Maybe we are old-fashioned,” she observed, adding that before marriage, a boy and a girl are essentially strangers and one must be careful about placing trust.
She further added that individuals should not blindly believe promises made before marriage. When informed that the couple has connected through a matrimonial platform and were planning to get married, the judge questioned why the woman chose to travel abroad before the marriage took place.
The bench noted that if the woman was particular about marriage, she could have waited. The court also remarked that such cases, where there appears to be a consensual relationship, can not be tried and are not necessarily suited for a full criminal trial leading to conviction.
Allegations and what follows
The prosecution also claimed that intimate videos were recorded without the woman’s consent and that she was later threatened with their circulation. These allegations form a significant part of the case against the accused.
The bench indicated that mediation could be explored in the matter. The case has been listed for further hearing on Wednesday, when the court is expected to consider the next course of action.
The remarks made during the hearing have drawn attention as they touch upon broader questions around consent, trust and responsibility in relationships that begin with the promise of marriage.