Supreme Court Raises Concerns Over Physical Relationship Before Marriage

Supreme Court Raises Concerns Over Physical Relationship Before Marriage

The matter has been posted for further hearing on Wednesday.

CNB World Times

New Delhi | 17 February 2026: The Supreme Court of India on Monday described itself as “old-fashioned” while raising questions about pre-marital physical relationships, even if consensual. The remarks came during the hearing of a bail plea in a rape case based on an alleged false promise of marriage.

Bench and Case Details

 The matter was heard by a bench comprising Justices B V Nagarathna and Ujjal Bhuyan.

 The accused has been charged with rape on the pretext of marriage.

 The complainant alleged that the accused established a physical relationship with her under a false promise of marriage.

Court’s Observations

 The bench observed that a boy and a girl before marriage are “total strangers.”

 It said individuals should be cautious before indulging in physical relationships before marriage.

 Justice Nagarathna remarked that the relationship appeared to be consensual.

 The court questioned the complainant about her travel to Dubai, where the physical relationship allegedly took place.

 The bench said such matters involving consensual relationships may not always require trial and conviction.

Allegations by the Complainant

 The woman’s counsel stated that the couple met on a matrimonial website in 2022.

 The accused allegedly established physical relations with her several times in Delhi and later in Dubai.

 The complainant claimed that intimate videos were recorded without her consent.

 She alleged that the accused threatened to circulate the videos.

 She later discovered that the accused married another woman in Punjab in January 2024.

Court’s Directions

 The court suggested sending the matter to mediation.

 It asked the accused’s counsel to explore the possibility of settlement.

 The bench also suggested compensation for the woman.

 The matter has been posted for further hearing on Wednesday.

Key Legal and Social Aspects

1. Legal Perspective on Consent

 Indian law recognizes consent between adults.

 However, consent obtained through a false promise of marriage can be treated as rape under certain circumstances.

 Courts have noted a rise in such cases.

2. Responsibility and Risk

 The court stressed personal responsibility in intimate relationships.

 Individuals should be aware of risks such as emotional distress, unwanted pregnancy, and health concerns.

3. “False Promise” Cases

 Courts have seen increasing cases involving alleged false promises of marriage.

 Each case depends on facts, intention, and evidence.

4. Cultural and Social Context

 In many parts of Indian society, pre-marital relationships are viewed with social and moral judgment.

 Cultural and religious beliefs influence personal choices.

5. Individual Autonomy

 Adults have the legal autonomy to make choices about their relationships.

 However, the court emphasized caution and awareness of consequences.

Conclusion

The Supreme Court clarified that while consensual relationships between adults are not illegal, individuals must exercise caution and responsibility. The case highlights the complex legal and social dimensions surrounding relationships based on promises of marriage. The matter will be heard again later this week.