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Consensual Sex Not Rape: Court's Key Orders!
By: Tupaki Desk | 8 July 2023 10:28 PM IST
A woman from Bhubaneswar has been in a matrimonial dispute with her husband for five years. Amid this, she is believed to have a relationship with a friend which is more than friendship. She moved a court against her friend. Hearing the petition, the court made some key comments which made it a hot topic.
Yes, the woman who is in a matrimonial dispute with her husband filed a complaint against her friend. He reportedly assured her of marriage and refused to tie the knot later. So the woman filed a rape case against him and said that he cheated her promise of marriage. The issue reached the High Court.
After hearing the arguments of both sides, the Odisha High Court made some key comments. The High Court said that staying together and developing a physical relationship and marriage promise not materializing cannot be considered rape. The Court also said that this cannot be seen as a rape case.
The Orissa High Court has said that if a consensual physical relationship was based on a promise of marriage that could not be materialized for some reason, it cannot be considered rape. Making a promise of marriage and getting intimate on mutual consent and denying marriage cannot be seen as a rape case.
Adding further, the High Court said that, rape charges cannot be imposed on a person if a friendly relationship becomes physical intimacy and the relationship gets stronger and a gap becomes. The High Court gave a verdict in a case in which the concerned woman developed a relationship with a person without divorcing her husband.
The High Court added further that the two people are well educated and are in a good position. They are well aware of what would be the consequences of such relationships. Though the two are appearing like they live separately, the Court understood how their relationship started, it said.
It is said that the Odisha government reportedly mentioned the Supreme Court verdict in a similar case. In one case, two people were in a physical relationship with a woman on the assurance of marriage. However, the marriage could not materialize due to some reasons. The Supreme Court said that the case cannot be a rape.
Yes, the woman who is in a matrimonial dispute with her husband filed a complaint against her friend. He reportedly assured her of marriage and refused to tie the knot later. So the woman filed a rape case against him and said that he cheated her promise of marriage. The issue reached the High Court.
After hearing the arguments of both sides, the Odisha High Court made some key comments. The High Court said that staying together and developing a physical relationship and marriage promise not materializing cannot be considered rape. The Court also said that this cannot be seen as a rape case.
The Orissa High Court has said that if a consensual physical relationship was based on a promise of marriage that could not be materialized for some reason, it cannot be considered rape. Making a promise of marriage and getting intimate on mutual consent and denying marriage cannot be seen as a rape case.
Adding further, the High Court said that, rape charges cannot be imposed on a person if a friendly relationship becomes physical intimacy and the relationship gets stronger and a gap becomes. The High Court gave a verdict in a case in which the concerned woman developed a relationship with a person without divorcing her husband.
The High Court added further that the two people are well educated and are in a good position. They are well aware of what would be the consequences of such relationships. Though the two are appearing like they live separately, the Court understood how their relationship started, it said.
It is said that the Odisha government reportedly mentioned the Supreme Court verdict in a similar case. In one case, two people were in a physical relationship with a woman on the assurance of marriage. However, the marriage could not materialize due to some reasons. The Supreme Court said that the case cannot be a rape.