NEW DELHI: A woman who is already married to someone else cannot claim to have been induced into a sexual relationship under the false pretext of marriage, the High Court said on Thursday while quashing a rape case against a man, also married, by his live-in partner.
Justice Swarana Kanta Sharma, in an order, noted that the case involved two individuals who were both ineligible to lawfully marry each other but were living together pursuant to a “live-in relationship agreement”, and the protection and remedies available under Section 376 (punishment for rape) of the IPC cannot be extended to such a “victim”.
The judge observed that a live-in relationship between two consenting adults, who are married to different partners, has not been made a criminal offence, and while the parties have the right to determine their own choices, both should “remain conscious of the repercussion.”
“When the victim herself is not legally eligible to marry someone else due to her existing marriage to another partner, she cannot claim to have been induced into a sexual relationship under the false pretext of marriage. Thus, the protection and remedies available under Section 376 of the IPC cannot be extended to a victim who was not legally entitled to marry the person whom she was in a sexual relationship with,” the court said. The petitioner accused sought quashing of the FIR for alleged rape. He cited several grounds, stating that the complainant’s conduct itself was against the norms of society.
