Had child together, now she calls it rape: SC flags live-in relationship risks

The Supreme Court of India on Monday cautioned against criminalising consensual live-in relationships after they break down, observing that such arrangements inherently carry uncertainties and legal risks for both partners.

Hearing a case involving allegations of rape on the false promise of marriage, Justice BV Nagarathna rejected the woman’s claim of abuse and underscored the vulnerabilities associated with live-in relationships, noting that either partner is free to walk away at any time.

“This is what happens in live in relationships. For years, they lived together. If they split up, the lady has to file a complaint against the man for sexual assault. These are all the vagaries of relationships outside marriage,” the Supreme Court observed.

When the counsel for the woman argued that the man was already married and had allegedly deceived and abused her, Justice Nagarathna said the court could “sympathise with her that she got befooled or whatever.”

“Where is the question of offence when there is a consensual relationship? They are living together, and she begets a child from him. There is no marriage, and then she says sexual assault,” Live Law quoted the bench as saying.

The judge further pointed out that had there been a marriage, the woman’s legal rights would have been stronger.

“She could have been approached regarding bigamy, could have filed for maintenance. Now there is no marriage, they live together. That is the risk. They can walk out any day,” the court added.

However, the Supreme Court clarified that the woman could seek maintenance for the child, observing that while a relationship may be termed illegitimate, “a child cannot be illegitimate.”

Highlighting the legal risks and limited protections in live-in relationships, the court suggested that the parties consider resolving their dispute through mediation.