“We may be old-fashioned…” the Supreme Court of India remarked while hearing a rape-on-promise-of-marriage case. As Dubai trips, secret videos and a hidden marriage surfaced, the bench questioned pre-marital relationships and hinted at mediation.
Supreme Court’s Remarks on Pre-Marital Relationship
New Delhi: The Supreme Court of India on Monday made strong verbal observations on pre-marital relationships while hearing a bail plea in a case involving allegations of rape on the promise of marriage.
A bench comprising Justice BV Nagarathna and Justice Ujjal Bhuyan was considering the plea of a man accused of establishing a physical relationship with a woman after allegedly assuring her of marriage, despite being already married at the time and later marrying another woman.
During the hearing, Justice Nagarathna remarked that caution must be exercised before entering into a physical relationship prior to marriage.
“Maybe we are old-fashioned but, before marriage, a boy and a girl are strangers. Whatever may be the thick and thin of their relationship, we fail to understand how they can be in a physical relationship before marriage,” she observed.
She further advised, “You must be very careful. Nobody should believe anybody before marriage.”
According to the prosecution, the two met in 2022 through a matrimonial services website. The man allegedly assured the woman that he would marry her, following which she entered into a physical relationship with him. The relationship reportedly included meetings in Dubai.
The prosecution also claimed that videos of their sexual interactions were recorded without the woman’s consent and that she was later threatened with their circulation.
It was further alleged that the woman later discovered the accused had already been married and had subsequently married another woman in Punjab in January 2024.
During the proceedings, Justice Nagarathna questioned why the woman chose to travel to Dubai before marriage if she was particular about formalising the relationship.
When government counsel argued that the couple had met on a matrimonial platform with the intention to marry, the bench observed that such cases involving consensual relationships may not always warrant criminal trial and conviction.
“These are not cases which are to be tried and convicted when there is a consensual relationship,” the bench remarked, adding that the parties may be referred to mediation. The matter has been listed for further hearing on Wednesday.
