‘Boy and girl are strangers before marriage’: SC on physical relations before wedlock
PTC Web Desk: The Supreme Court on Monday made pointed oral observations on pre-marital relationships while hearing a bail plea in a case involving allegations of rape on the promise of marriage.
A Bench comprising Justice BV Nagarathna and Justice Ujjal Bhuyan was considering the plea of a man accused of entering into a physical relationship with a woman after allegedly assuring her that he would marry her. The prosecution has claimed that the accused was already married at the time and subsequently went on to marry another woman in Punjab in January 2024.
During the proceedings, Justice Nagarathna underlined the need for caution before entering into intimate relationships prior to marriage. “Maybe we are old-fashioned, 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 in a physical relationship before marriage,” she observed in court.
The judge further remarked that individuals must exercise care in such matters. “You must be very careful. Nobody should believe anybody before marriage,” she said.
According to the prosecution, the woman and the accused came into contact in 2022 through a matrimonial website and began communicating with the intention of getting married. It was alleged that the man assured the woman of his intention to marry her, and based on this promise, she agreed to a physical relationship. The complaint states that the two also met in Dubai during the course of their relationship.
The prosecution further alleged that videos of their intimate encounters were recorded without the woman’s consent and that she was later threatened with their circulation. It was also submitted that the woman eventually discovered that the accused had been married throughout their relationship and had later solemnised a second marriage earlier this year.
During the hearing, Justice Nagarathna questioned why the woman had chosen to travel abroad with the accused before marriage. When government counsel pointed out that the two had met through a matrimonial platform and were planning to marry, the judge observed that if the woman was particular about marriage, she ought not to have travelled prior to it.
The Bench indicated that the matter may be suitable for mediation. “These are not cases which are to be tried and convicted when there is a consensual relationship,” the court remarked, while listing the case for further hearing on Wednesday.
The matter will now come up for consideration later this week.
- With inputs from agencies