Chhattisgarh High Court’s big decision on live-in relationship, refused to consider consensual physical relationship as rape.

Raipur: Recently a big news has come out from Chhattisgarh, where the High Court has given an important decision regarding live-in relationships and consensual physical relationships. The court said that if two adults live together in a live-in relationship for a long time and physical relations develop between them, then under normal circumstances it would be considered a consensual relationship. In such cases, if the man later refuses to marry, then such cases will not be considered as rape cases.

This decision was given on the complaint of the woman

Justice Sanjay S. The division bench of Justice Aggarwal and Justice Narendra Kumar Vyas has given this decision on the appeal of a woman. Let us tell you, the woman had challenged the order of acquittal of the accused by the lower court. However, the High Court upheld the lower court’s decision and upheld the acquittal of the accused.

These allegations should be leveled against a person and not a woman.

According to the case, the 40-year-old woman had alleged that she met the accused while studying MBA in the year 2019. The woman said that the accused had a relationship with her by promising her marriage and both of them lived together for about two years. But later the accused refused to marry citing family disagreement. The woman also alleged that unnatural sexual relations were had with her against her will, following which a case was registered under relevant sections of the Indian Penal Code.

brother gave birth

During the hearing, the court found that the woman had admitted in her cross-examination that she was ready to take financial amount for the settlement of the dispute. The court also noted that an attempt was made to reach a settlement between the two parties, but it could not succeed. Apart from this, it was also revealed in the testimony of the woman’s brother that the relationship between the two had developed due to a love affair.

Important decision of High Court

The High Court also referred to the medical evidence, in which there were no clear indications of forced or unnatural sex. Along with this, the court said that in the case of adults living together for a long time, the duration of the relationship, the behavior of both the parties and the circumstances are important. On the basis of these facts, the court held that this relationship was consensual and it cannot be called rape merely because there was no marriage. On this basis, the relief given to the accused was upheld while rejecting the woman’s appeal.