The Supreme Court has made an oral observations on pre-marital sex, saying that “Before marriage, a boy and a girl are strangers,” and therefore they should be very cautious before entering into any kind of pre-marital physical relationship,
Updated: February 16, 2026 10:18 PM IST
Pre-marital physical relations: The Supreme Court on Monday made an oral remark on pre-marital sex, stating that a boy and a girl are strangers before marriage and therefore they should be very cautious before entering into any kind of pre-marital physical relationship, LiveLaw reported. The bench made oral remark while hearing a bail plea in an alleged rape and false promise of marriage case. The bench of Justice BV Nagarathna and Justice Ujjal Bhuyan was hearing the plea of an accused who lured a 30-year-old woman into physical relationship by promising to marry her, even though he was already married and later married another woman.
The top court’s remark while hearing the bail application.
Why Did SC Say, ‘Maybe We Are Old Fashioned’?
Justice Nagarathna stated while hearing the bail plea that “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 indulging in physical relationship before marriage. Maybe we are old fashioned You must be very careful, nobody should believe anybody before marriage.”
What Was The Case About?
The complainant woman alleged that she met the petitioner on a matrimonial website in 2022. She alleged that the accused man, promised to marry her, and established physical relations with her several times in Delhi and in Dubai.
The woman stated that the man asked her to come to Dubai, where he again allegedly established physical relations with her. She added that the accused man recorded intimate videos and later threatened to share them online.
The victim stated that she later found out that the man had married another in 2024 in Punjab.
SC Questions On Woman’s Travel To Dubai
During the hearing, the bench questioned why the woman travelled to Dubai to meet the man.
When the government counsel highlighted that both the man and the woman had met on a matrimonial website and wanted to get married, the bench stated that if the woman wanted to get married, she should not have travelled before it.
“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 a consensual relationship,” Justice Nagarathna said.
The Bench suggested that the case is complex and may be sent for mediation. It also scheduled the case for Wednesday to explore the possibility of a settlement.
It is to be noted that the petitioner’s earlier bail requests were rejected by both Sessions Court and the Delhi High Court.
The accused man then approached the India’s Top Court and filed a Special Leave Petition.
(Note: This is a developing story and further details will be added.)
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