A consensual sexual relationship on the promise of marriage is not rape : High Court of Delhi

Delhi – High Court of Delhi has ruled in a case that if a consensual sexual relationship by promising marriage fails to fructify into marriage due to external circumstances, then it is not rape. In a recently filed case, a young man and a woman were engaged, however, their marriage did not take place due to some circumstances. In the meantime, they had a sexual relationship.

The Court said that according to the complaint, the man took 3 months to get the consent of the woman’s parents for the marriage. The consent of the woman was not based on any misunderstanding or fear in the physical relationship that developed between the two during this period. Both of them were engaged. The engagement was attended by all the members of the family. This shows that the intention of the petitioners to marry the accused was real. It cannot be claimed that the petitioner had no intention of marrying the accused just because of the breakup.