“Maybe we are old fashioned”: SC cautions against pre-marital physical relationships during bail hearing

The Supreme Court of India on Monday made oral observations urging caution in pre-marital relationships while hearing a bail plea in an alleged rape on false promise of marriage case. A bench of Justices B. V. Nagarathna and Ujjal Bhuyan remarked that partners should exercise circumspection before entering physical relationships, saying “before marriage, a boy and a girl are strangers”.

The case involves a man accused of establishing physical relations with a 30-year-old woman after promising marriage despite being already married and later marrying another woman. The complainant alleged that they met through a matrimonial website in 2022, met multiple times in Delhi and Dubai, and that he recorded intimate videos without consent and threatened to circulate them.

During the hearing, the court questioned the complainant’s decision to travel abroad before marriage and indicated the matter may be suitable for mediation, observing such the dispute arose from a consensual relationship. The bench posted the matter for further hearing to explore a possible settlement.

Earlier, lower courts had rejected the accused’s bail pleas, noting prima facie that consent obtained on a false promise of marriage could be invalid if the promise was made in bad faith. The Supreme Court is now considering the bail request while the core dispute over consent and alleged deception remains under examination.