“Why Did She Go And Live With Him Before Marriage?”: SC Questions Widow’s Live-In Relationship In Rape Case

The Supreme Court on Monday made sharp observations while hearing a bail plea in a case involving allegations of rape on the false promise of marriage, with Justice BV Nagarathna questioning why the complainant, a young widow, chose to enter into a live-in relationship before marriage. The remarks came during proceedings in a matter where a man has been accused of establishing a relationship with a woman after allegedly assuring her that he would marry her.

Supreme Court Questions Circumstances Of Live-In Relationship

During the hearing, Justice BV Nagarathna raised concerns over the circumstances under which the complainant began living with the accused before marriage.

As reported by Live Law, Justice Nagarathna said, "Why did she go and live with him before marriage?"

She also added, "See when we ask these questions it is said that we are victim shaming, what is this?"

The case before the apex court concerns a man seeking bail after being accused of having a relationship with the complainant on the assurance that he would marry her.

Defence Says Complainant Was Vulnerable When They Met

Appearing for the accused, counsel argued that the complainant was in a particularly vulnerable state when the relationship began.

The lawyer told the court, "He met her when she was merely an 18-year-old young widow. He promised to marry her."

The matter centres on allegations that the accused built a relationship with the complainant by promising marriage, which later formed the basis of the rape accusations.

Earlier This Year, Justice Nagarathna Had Made Similar Remarks

The court's observations on Monday mirror comments made by Justice Nagarathna in February while hearing another bail plea in a separate rape case involving allegations of a physical relationship on the false pretext of marriage.

In that earlier matter, a bench of Justice Nagarathna and Justice Ujjal Bhuyan reportedly expressed concern over pre-marital physical relationships.

According to a Live Law report, the bench observed, "Maybe we are old-fashioned, but before marriage, a boy and a girl are strangers,"

Justice Nagarathna further remarked, "Whatever may be the thick and thin of their relationship, we fail to understand how they can be indulging in a physical relationship before marriage."

'Believe Nobody Before Marriage': Court's Warning In Earlier Case

Emphasising caution in such relationships, Justice Nagarathna had also issued a pointed warning during the February hearing.

She said, "You must be very careful, nobody should believe anybody before marriage,"

That earlier case involved a complainant, around 30 years old, who had met the accused on a matrimonial platform in 2022. According to the case details, the man allegedly had repeated physical relations with her in Delhi and later in Dubai while assuring her that he would marry her.

The woman also alleged that she travelled to Dubai at his insistence, where he continued the relationship and recorded intimate videos without her consent. She further claimed that he later threatened to circulate those videos if she resisted.

The complainant eventually discovered that the accused had entered into a second marriage in Punjab on January 19, 2024, which became a key development in the case.