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Consensual Sex In Live-in Cannot Be Considered As Rape: Supreme Court
By: Tupaki Desk | 2 March 2021 7:06 AM GMT
The western culture of live-in relationships is on a rise in India over the past few years. The Supreme Court has also earlier said, two majors living together cannot be considered illegal. However, misusing the concept is an area of concern.
One such issue has reached the top court, Supreme Court on Monday. The constitution bench led by Chief Justice of India, S A Bobde which also comprises Justices A S Bopanna and Ramasubramanian heard the petition filed by a woman.
The petitioner knocked on the doors of the Supreme Court after the man with whom she was in a live-in relationship for five years married another woman finally. In the petition, the woman accused him of indulging in sexual intercourse on the pretext of marriage.
During the arguments, the bench said consensual sex between a couple in a prolonged live-in relationship cannot be considered rape if the man didn't marry the woman.
Advocate who represented the man told the Supreme Court that if a man is arrested on the rape charges in consexual sex in live-in relation, then it could set a dangerous pattern.
The woman's counsel told the court that, the man married the petitioner at a temple and showed the world that they are a married couple. But he broke the promise by assaulting her and extorting money from her.
The bench said there is a difference between rape and consensual sex. The Court said, they can protect the man for eight weeks from the arrest and directed him to reach the trial court and check if the other party have the evidence to substantiate rape charges.
One such issue has reached the top court, Supreme Court on Monday. The constitution bench led by Chief Justice of India, S A Bobde which also comprises Justices A S Bopanna and Ramasubramanian heard the petition filed by a woman.
The petitioner knocked on the doors of the Supreme Court after the man with whom she was in a live-in relationship for five years married another woman finally. In the petition, the woman accused him of indulging in sexual intercourse on the pretext of marriage.
During the arguments, the bench said consensual sex between a couple in a prolonged live-in relationship cannot be considered rape if the man didn't marry the woman.
Advocate who represented the man told the Supreme Court that if a man is arrested on the rape charges in consexual sex in live-in relation, then it could set a dangerous pattern.
The woman's counsel told the court that, the man married the petitioner at a temple and showed the world that they are a married couple. But he broke the promise by assaulting her and extorting money from her.
The bench said there is a difference between rape and consensual sex. The Court said, they can protect the man for eight weeks from the arrest and directed him to reach the trial court and check if the other party have the evidence to substantiate rape charges.
