The Supreme Court of India on Monday, April 27, flagged the risks associated with live-in relationships while hearing a plea alleging rape and assault on the pretext of marriage. A bench led by Justice B V Nagarathna was hearing a woman’s petition against her partner, whom she accused of exploiting her under the promise of marriage.

The court questioned the nature of the relationship as the parties had lived together for years and had a child. Justice Nagarathna remarked that such situations often arise in live-in arrangements, where partners may separate without legal consequences, unlike in a formal marriage.

“Why did she go and live with him before marriage? See, when we ask these questions, it is said that we are victim shaming, what is this?” Justice Nagarathna said, as quoted by Live Law.

In case, the Justice said that if she would have been married, her rights “would have been better”. “Now there is no marriage, they live together, this is the risk. They can walk out any day,” he was quoted as saying.

The petitioner’s counsel argued that the woman was unaware that the man was already married and had allegedly deceived and abused her. The counsel said, “He was already married, which she did not know at the time... She was abused. He has done this to many other women.”

On this, Justice Nagarathna said, “We are not concerned with other women. We are concerned with the petitioner. Where is the question of offence when there is a consensual relationship? They are living together and she begets a child from him there is no marriage and then she says sexual assault?”

The Justice said that the petition may ask for maintenance with regard to the child and called for settlement between parties through mediation.

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Apoorva Shukla is a journalist at Times Now, where she thrives on dissecting political developments both at home and abroad. A graduate of Delhi Univ...View More

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