‘Why did you start living with him without marriage?’ SC made strict comment on live in relationship

The Supreme Court has made important comments regarding live-in relationships. The court made this comment while hearing the petition of a woman in which she has accused her live-in partner of raping her by making a false promise of marriage. The court asked the woman that if the relationship was consensual and later both separated, then how could it be considered rape. Along with this, the court raised the question as to why the woman started living with the accused before marriage?

This case is being heard by the bench of the only woman judge of the Supreme Court, Bibi Nagarathna. The petitioner’s lawyer argued in the Supreme Court that the woman had become a widow at the age of 18. After some time she came in contact with the accused. The accused promised to marry her and both started living together. After some time the woman came to know that the accused was already married and the woman had not told her about him.

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child in live in relationship

The woman told in the petition filed in the court that she also has a child in a live-in relationship. During the hearing of the case, Justice Nagarathna raised the question as to why the woman started living with the accused before marriage? Justice Nagarathna also mentioned that asking such questions is often accused of embarrassing the victim, but in cases of live-in-relationship it becomes very important to understand these circumstances. He said that both of them could get married. When the lawyer told that the accused was already married and this was hidden from the woman, then the court asked why the woman decided to live with him and have a child?

‘Consensual relationship is not rape’

The Supreme Court said that the victim had been living with the accused for a long time of her own free will and later both of them decided to separate. This cannot be called a criminal case. Justice Nagarathna said that in such live-in relations, the situation often arises that after the break of the relationship, allegations are made by the woman, whereas earlier the relationship was consensual.

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What will happen to the child?

The court said that we can sympathize with the victim that she was fooled. The court further said, ‘Had she been married, her rights would have been better. She could talk about two marriages, apply for maintenance. Now there is no marriage, she lived with him. He has a child with her and now he is separated because there is no bond of marriage. Once it is separated, it does not become criminal. However, the court said that the woman’s child is not illegitimate. The court said that the woman can ask for maintenance allowance for her child. The court advised both the parties to try to resolve this dispute through mutual dialogue and mediation.