New Delhi: The Supreme Court of India, while hearing a bail plea in a case involving allegations of rape on a false promise of marriage, observed that young adults should exercise extreme caution and circumspection before entering into physical relationships prior to marriage.
A Bench comprising Justices B.V. Nagarathna and Ujjal Bhuyan observed that a boy and a girl remain total strangers until wedlock. Justice Nagarathna remarked that, regardless of the “thick and thin” of a relationship, the Court found it difficult to understand the choice to indulge in physical intimacy before marriage.
“Whatever may be the thick and thin of their relationship, we fail to understand how they can indulge in a physical relationship before marriage. Maybe we are old-fashioned, but you must be very careful; nobody should believe anybody before marriage,” Justice Nagarathna observed.
During the proceedings, the Bench repeatedly emphasized the need for caution, stating that nobody should believe anybody before marriage. Justice Nagarathna further commented that while the Court’s view might be considered old-fashioned, it remains a matter of concern how individuals indulge in such relationships before marriage. The Court specifically questioned the complainant’s decision to travel to Dubai to meet the accused before they were married, observing that the circumstances appeared to indicate a consensual relationship rather than a case fit for trial and conviction.
The case involves a 30-year-old woman who met the petitioner through a matrimonial website in 2022. The complainant alleged that the man established physical relations with her on multiple occasions in Delhi and Dubai based on a promise of marriage. She further claimed that the accused recorded intimate videos without her consent and used them to threaten her. She later discovered that he was already married and had taken a second wife in January 2024.
Justice Nagarathna indicated that such cases involving consensual relationships are often not suitable for criminal conviction and suggested that the parties be referred to mediation. The Bench also suggested that the accused consider paying compensation to the woman to resolve the matter. Consequently, the Court directed counsel for both parties to explore the possibility of a settlement and adjourned the matter to hear their views.
Prior to reaching the Supreme Court, both the Sessions Court and the Delhi High Court had rejected the petitioner’s bail applications. The High Court had previously observed that the allegations suggested the promise of marriage was false from inception, as the petitioner was already married at the time the relationship began.
Case Title: Y K v. State (Govt. of NCT of Delhi)
