One and a half decade live-in relationship, then breakup: Is it a case of rape? Supreme Court raised questions, suggested mediation

New Delhi. The Supreme Court on Monday raised an important question whether the breakup of a 15-year-long live-in relationship can be considered a case of rape, especially when the couple has a child and the man has separated. Justice B.V. A bench of Justice Nagarathna and Justice Ujjwal Bhuyan was hearing a plea by a woman who had accused a man of sexually assaulting her when he reneged on his promise of marriage after a 15-year live-in relationship.

The court expressed doubt as to whether a criminal case could be made out in such circumstances. The bench observed that a consensual relationship lasting many years cannot be converted into a criminal case after a breakup. The court clearly asked whether a man’s walking out of such a relationship would in itself be considered a crime?

The petitioner woman told that when she met the accused, she was an 18-year-old widow. The accused had promised her marriage, trusting which she lived with him for one and a half decade and they also had a child. The woman alleges that she later came to know that the man was already married and had relations with other women also. The court raised serious legal concerns over the long duration of the relationship, its nature and the delay in filing the complaint (15 years after they entered into a relationship).

The bench said that even though the plight of the petitioner may arouse sympathy, recourse to criminal law cannot be taken without clearly establishing the elements of the offence. The court also refused to expand the scope of the case to allegations involving other women. The court suggested that the woman could opt for other legal remedies, including child maintenance, but that there needed to be a clear legal basis for criminal prosecution. After this the apex court sent the dispute for arbitration.