NEW DELHI: Observing the increasing prevalence of live-in relationships in recent years, Supreme Court has stated that if two able-minded adults reside together as live-in partners for more than a couple of years, a presumption would arise that they voluntarily chose that kind of relationship, fully aware of its consequences. Therefore, allegation that such a relationship was entered into based on a promise of marriage may be deemed unworthy of acceptance.
While quashing criminal proceedings against a man who was accused of rape charges by his live-in partner, a bench of Justices Sanjay Karol and Manoj Misra said physical relationship continued for over two years without a complaint in between and a presumption would arise of there being a valid consent for initiating and maintaining the physical relationship.
"A decade or two earlier, live-in relationships might not have been common. But now more and more women are financially independent and have the capacity to take conscious decision of charting their life on their own terms. This financial freedom, inter alia, has led to proliferation of such live-in relationships. Therefore, when a matter of this nature comes to a court, it must not adopt a pedantic approach rather the court may, based on the length of such relationship and conduct of the parties, presume implied consent of the parties to be in such a relationship regardless of their desire or a wish to convert it into a marital bond," the court said.
In a similar verdict, SC in March had held a woman who was in a live-in relationship for a long period may not be able to accuse her live-in partner of compelling her to get into physical relation on the false promise of marriage in order to face rape charges as it could not be be said with certainty that physical relationship was purely because of the promise.
The court had said in such cases even if it was assumed that a false promise of marriage was made to complainant initially by accused, the fact that relationship continued for such a long period would render the plea of the complainant, that her consent for all these years was under misconception of the fact that the accused would marry her, implausible.
While quashing criminal proceedings against a man who was accused of rape charges by his live-in partner, a bench of Justices Sanjay Karol and Manoj Misra said physical relationship continued for over two years without a complaint in between and a presumption would arise of there being a valid consent for initiating and maintaining the physical relationship.
"A decade or two earlier, live-in relationships might not have been common. But now more and more women are financially independent and have the capacity to take conscious decision of charting their life on their own terms. This financial freedom, inter alia, has led to proliferation of such live-in relationships. Therefore, when a matter of this nature comes to a court, it must not adopt a pedantic approach rather the court may, based on the length of such relationship and conduct of the parties, presume implied consent of the parties to be in such a relationship regardless of their desire or a wish to convert it into a marital bond," the court said.
In a similar verdict, SC in March had held a woman who was in a live-in relationship for a long period may not be able to accuse her live-in partner of compelling her to get into physical relation on the false promise of marriage in order to face rape charges as it could not be be said with certainty that physical relationship was purely because of the promise.
The court had said in such cases even if it was assumed that a false promise of marriage was made to complainant initially by accused, the fact that relationship continued for such a long period would render the plea of the complainant, that her consent for all these years was under misconception of the fact that the accused would marry her, implausible.
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