We May Be Old Fashioned, But They Are Total Strangers Before Marriage: Apex Court Remarks On Pre Marital Physical Relationship
The Supreme Court today said a boy and a girl before marriage are "total strangers" and they should be cautious while indulging in pre-marital physical relationships.
A bench of Justice B V Nagarathna and Justice Ujjal Bhuyan, which was hearing the bail plea of a man accused of rape on a false promise of marriage, questioned the woman why she travelled all the way to Dubai where they indulged in physical relationship.
"It's consensual. We may be old-fashioned but a boy and girl before marriage are total strangers. They should be circumspect in indulging in physical relationships before marriage," the bench observed.
"Whatever may be the thick and thin of their relationship, we fail to understand how they can be indulging in physical relationship before marriage. Maybe we are old- fashioned but you must be very careful, nobody should believe anybody before marriage," Justice Nagarathna said.
Counsel for the woman said they met on a matrimonial website in 2022 and he allegedly established physical relations with her on a false promise of marriage on multiple occasions in Delhi and later in Dubai.
Justice Nagarathna questioned the woman about what was the need for her to travel to Dubai and observed that it appears to be a case of consensual relationship.
"She should not have gone before marriage if she was so strict about it. We will send them to mediation. These are not cases which are to be tried and convicted when there is consensual relationship," she said.
Justice Nagarathna asked the counsel for the man to pay some compensation to her and be done with it.
The bench also asked the woman’s counsel to explore the possibility of settlement and posted the matter for hearing on Wednesday to see the views of both the parties. The woman has claimed in her complaint that on his insistence, she travelled to Dubai where he allegedly established physical relations with her on false pretext of marriage and recorded intimate videos without her consent, threatening to circulate them if she resisted.
The woman said that later she learnt that he had married a second woman in January, 2024 in Punjab.
The Delhi High Court and the trial court had dismissed the bail application of the man.
The High Court rejected bail, saying the allegations prima facie indicate that the promise of marriage was false from inception, particularly as the petitioner was already married and had married again on January 19, 2024.
Aggrieved by the High Court's order, the man approached the Apex Court for bail in the case.
With PTI Inputs