“Nobody Should Believe Anybody Before Marriage”: SC In Bail Hearing Over Promise-Of-Marriage Rape Case

The Supreme Court on Monday made notable oral observations about pre-marital intimacy while hearing a bail plea in a case where a man faces rape allegations tied to a promise of marriage. The court examined whether a relationship that began with consent could later attract criminal charges after the parties fell out.

Court cautions couples before marriage

A bench of Justice BV Nagarathana and Justice Ujjal Bhuyan was considering the bail request of a man accused of forming a physical relationship with a woman after assuring her he would marry her, despite already being married and later marrying another woman.

During the hearing, Justice Nagarathana expressed concern over intimacy before marriage. "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 in a physical relationship before marriage..." she observed.

She added a note of caution: "You must be very careful. Nobody should believe anybody before marriage."

Relationship began through matrimonial website

The court was informed that the two individuals first connected in 2022 through a matrimonial services website and were discussing marriage.

The prosecution alleged the man repeatedly promised to marry the woman and, relying on those assurances, she entered into a physical relationship with him. The relationship reportedly continued during meetings abroad, including trips to Dubai.

It was further alleged that intimate videos were recorded without the woman's consent and she was threatened with their circulation.

Allegations about existing marriage

According to investigators, the woman later discovered the accused had already been married. The prosecution also stated he went on to marry another woman in Punjab in January 2024.

Justice Nagarathana questioned why the complainant chose to travel to Dubai before the marriage. When government counsel said they had met on a matrimonial platform and intended to wed, the judge remarked that if marriage was a priority, such travel should have been avoided.

"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," the bench remarked.

Matter posted for further hearing

The court indicated it may attempt mediation between the parties and scheduled the case for hearing on Wednesday. The bail plea remains pending as the judges consider whether the dispute should proceed as a criminal trial or be resolved through mediation.