How can young men and women enter into physical relationships before marriage ? : Supreme Court

New Delhi – While considering a bail application in a rape case arising from an alleged false promise of marriage, the Supreme Court made oral observations emphasising caution in pre-marital relationships. The Bench remarked that young individuals should be careful before engaging in physical intimacy prior to marriage and suggested that the parties consider mediation.

1. Justice B V Nagarathna observed that, in her view, a boy and a girl are essentially strangers to each other before marriage and therefore must exercise restraint and prudence. She remarked that one should not unquestioningly trust assurances given before marriage.

2. As per the case record, the 30-year-old complainant came into contact with the accused in 2022 through a matrimonial website. She alleged that he assured her of marriage and thereafter established physical relations with her in Delhi and subsequently in Dubai. She further claimed that she travelled abroad at his insistence, that intimate videos were recorded without her consent, and that she was threatened with their circulation. She later discovered that the accused had married another woman in Punjab on 19 January 2024.

3. During the hearing, the Bench questioned the circumstances under which the complainant travelled to Dubai when marriage was still pending. The Court indicated that the relationship, on the face of it, appeared to involve consent, and that such matters require careful judicial scrutiny before arriving at conclusions regarding criminal culpability.

4. The Bench observed that where a relationship appears consensual, the question of whether it constitutes an offence must be examined cautiously. The Court advised the parties to explore the possibility of mediation and adjourned the matter for further proceedings.