The Supreme Court of India on Monday emphasised that young men and women who are yet to marry should exercise caution when it comes to engaging in physical relationships before marriage. The remarks came during the hearing of a bail application in a case in which a man is accused of rape on the basis of a false promise of marriage, highlighting the Court’s concern about the potential for deception in premarital relationships.
Judges Stress Caution & Realism
Hearing the bail plea, a bench comprising Justice B V Nagarathna and Justice Ujjal Bhuyan commented that, before marriage, a boy and a girl are essentially strangers, regardless of how close they may appear. “Maybe we are old fashioned, but before marriage a boy and a girl are strangers,” Justice Nagarathna observed. The bench said it struggled to understand why couples would engage in physical intimacy before marriage and urged caution, adding that no one should “believe anybody” solely based on verbal promises.
The case before the Court concerns allegations that the petitioner, who was already married when he met the complainant on a matrimonial website in 2022, repeatedly assured her of marriage and established physical relations with her in Delhi and later in Dubai. The complainant alleges that she travelled abroad at his insistence and that the petitioner took intimate videos without her consent, threatening to circulate them if she resisted. She also learned that he had married another woman in January 2024.
Mediation Suggested Over Trial
During proceedings, the bench questioned why the complainant had travelled to Dubai before marriage if she was so convinced of the promise. Pointing out that the couple had planned to marry, the judges noted that resolving such disputes through traditional criminal trials may not always be appropriate.
Justice Nagarathna indicated that these kinds of cases might be better suited for mediation rather than prosecution and conviction, especially where physical relations were consensual. “She should not have gone before marriage if she was so strict about it. We will send them to mediation,” the judge said, suggesting that a mediated settlement might be explored.
The Court adjourned the matter to Wednesday to consider the possibility of settlement, reflecting its preference for alternative dispute resolution in certain relationship-based disputes.
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