‘Maybe we’re old-fashioned…’: Supreme Court on physical relationship before marriage | India News

The Supreme Court on Monday issued sharp oral observations regarding pre-marital relationship during a bail plea hearing in a case involving allegations of rape and promise of marriage.

A bench comprising Justices BV Nagarathana and Ujjal Bhuyan was hearing the bail application of a man accused of engaging in a physical relationship with a woman by promising marriage, despite being married at the time and later marrying another woman.

During the hearing, Justice BV Nagarathana observed that one should exercise caution before engaging in a physical relationship before marriage.

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“Maybe we are old fashion 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 indulging in physical relationship before marriage. Maybe we are old fashioned…You must be very careful, nobody should believe anybody before marriage”, Justice Nagarathna said.

The court was informed the woman and man met in 2022 through a matrimonial services website.

The prosecution alleged that he repeatedly engaged in a physical relationship with her in Delhi and later in Dubai, under the promise of marriage.

The prosecution further stated that videos of their sexual encounters were allegedly recorded without the woman’s consent and that she was threatened with their circulation.

They added that the woman later discovered the man had been married all along and had subsequently married another woman in Punjab in January 2024.

While hearing the bail plea, Justice Nagarathna questioned, why she had chosen to travel to Dubai to meet him.

When the government counsel noted that the two had met on a matrimonial site and were planning to marry, the judge remarked that if the woman were particular about marriage, she should not have traveled before it.

“She should not have gone before marriage if she was so strict about it. We will send them to mediation. These are not cases which are to be tried and convicted when there is consensual relationship”, the bench remarked.

The matter has been listed for Wednesday to explore the possibility of settlement as Justice Nagarathna said these cases are not suitable for trial and conviction.

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