38.6c New Delhi, India, Thursday, April 25, 2024
Judiciary

Supreme Court to examine whether live-in relations can be treated as ‘de-facto- marriage

By LawStreet News Network      03 July, 2018 12:00 AM      0 Comments

The Supreme Court has accepted a plea on July 2nd, 2018 to examine whether civil liability can be imposed on a man, who walked out of a promise to marry a woman after long cohabitation (live-in) and a consensual sexual relationship, by treating such a relation as "de-facto" marriage.

The court observed that in a situation like this many-a-time the relationship is ended by the man and it is hard to establish an offence of rape.

“This interpretation may have to be considered so that a girl is not subjected to any exploitation and is not rendered remediless even if a criminal offence is not made out” the court stated in its order.

The matter has come before a division bench comprising of Justices AK Goel and S Abdul Nazeer when it was seized of a petition of a man challenging the order of a trial court and the high court refusing to quash a case of rape against a woman in Karnataka.

The Apex Court noted that the man had promised to marry the woman with whom he had lived for six years but later backed out. “Thus, she was induced for the intercourse during the cohabitation on that consideration and not by free consent. The petitioner committed offence under Section 376 of Indian Penal Code, 1860. The trial court having taken cognizance, the petitioner approached the High Court for quashing it. The High Court rejected the prayer for quashing."

Further, the court has issued a notice to Attorney General KK Venugopal and requested him to depute an Additional Solicitor General to assist the court. It also requested senior advocate Abhishek Manu Singhvi to assist the court as amicus, or friend of the court.

The matter has been posted for further consideration on September 12th, 2018.



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

sc-seeks-clarifications-from-ec-on-evms
Trending Judiciary
SC seeks clarifications from EC on EVMs

Supreme Court asks EC for clarifications on EVM components and VVPAT verification, aiming to enhance electoral transparency.

24 April, 2024 12:05 PM
key-changes-in-the-law-of-evidence-bharatiya-sakshya-adhiniyam-2023
Trending Speak Legal
Key changes in the Law of Evidence - Bharatiya Sakshya Adhiniyam, 2023

Explore the Bharatiya Sakshya Adhiniyam 2023, a transformative legal framework designed to modernize, humanize, and decolonize India's evidence law.

24 April, 2024 06:13 PM

TOP STORIES

kejriwal-eating-mangoes-sweets-and-having-tea-with-sugar-ed-tells-court
Trending Judiciary
Kejriwal eating mangoes, sweets and having tea with sugar, ED tells court

Enforcement Directorate alleges Delhi CM Kejriwal consumed mangoes, sweets, and tea with sugar in jail, raising doubts on his diabetes claim for bail plea.

19 April, 2024 11:01 AM
sc-to-consider-forming-guidelines-on-trial-for-deaf-dumb-people
Trending Judiciary
SC to consider forming guidelines on trial for deaf-dumb people [Read Order]

Supreme Court to consider guidelines for trials of deaf-dumb individuals, addressing fairness in cases like rape. Notice issued to Union and Chhattisgarh govt.

19 April, 2024 11:50 AM
big-expose-aryan-khan-drug-case-ncb-gyaneshwar-singh
Trending Interview
Big Expose | Aryan Khan Drug Case | NCB | Gyaneshwar Singh

A news report is going viral regarding the Deputy Director General of the Narcotics Control Bureau (NCB), Gyaneshwar Singh. Tarakant Dwivedi alias Akela, a Mumbai-based crime reporter has made big claims over the senior IPS officer's Gujarat visit.

19 April, 2024 05:10 PM
paralympic-athletes-application-for-license-renewal-raises-questions-on-condition-of-paralympic-sports-administration-in-india
Trending Executive
Paralympic athlete's application for license renewal raises questions on condition of Paralympic sports administration in India

Female paralympic athlete Jeetu Kanwar's application for license renewal has raised questions on the condition of paralympic sportspersons and paralympic sports administration in India.

19 April, 2024 06:06 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email