“Maybe We Are Old-Fashioned”: Supreme Court Questions Premarital Relationship In Bail Case

The Supreme Court of India made strong oral observations on premarital physical relationships while hearing a rape case linked to an alleged promise of marriage.

A bench of Justice B.V. Nagarathna and Justice Ujjal Bhuyan was hearing a bail plea filed by a man accused of having a sexual relationship with a woman on the assurance of marriage.

Case Details

According to the prosecution:

• The man and woman met in 2022 through a matrimonial website
• They later travelled together to Dubai
• The woman alleged the accused recorded intimate videos without consent
• He allegedly threatened to circulate the clips
• The accused was already married and later married another woman in Punjab in January 2024

The woman then filed a rape case based on a false promise of marriage.

Court’s Observations

During the hearing, the bench questioned the nature of the relationship and personal decisions taken before marriage.

Justice Nagarathna orally remarked:

“Maybe we are old-fashioned… before marriage a boy and a girl are strangers. We fail to understand how they can be in a physical relationship before marriage.”

She also cautioned individuals to be careful before trusting someone in matrimonial matters.

The court indicated that every failed relationship cannot automatically become a criminal offence and circumstances must be examined carefully.

Arguments In Court

The government counsel said the woman travelled abroad believing marriage would happen.

The bench asked why such travel and intimacy took place before the marriage if the relationship was uncertain.

The prosecution added the accused concealed his existing marriage while continuing the relationship.

Court’s Approach

The judges noted the dispute may not necessarily require a full criminal trial and suggested the possibility of mediation.

The matter has been listed for further hearing.