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New Delhi. The Supreme Court, while commenting on live-in relationships, has said that getting out of a live-in relationship cannot in itself be considered a criminal offence. The court clearly said that it is very important to understand the difference between consensual relationships and sexual crimes. This comment was made by Justice B. V. Nagarathna during the hearing on a woman’s petition. The woman had accused a man of rape and assault by making a false promise of marriage.

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During the hearing, the court said that when two adults decide to live together without marriage, there are some risks in such relationships. If the relationship was formed with mutual consent, then converting it directly into a criminal case cannot be considered appropriate every time. Justice Nagarathna said that it is important to understand the nature of consent. He also acknowledged that such questions are sometimes seen as embarrassing the victim, but the court’s objective is only to understand the real status of the relationship.

The court also said that many live-in relationships last for a long time, but when they break, disputes emerge and complaints are filed. In such cases it is important to understand the facts carefully. The woman’s lawyer argued that the accused promised to marry a widow, lived with her and had a child with her. When the accused met the woman, she was 18 years old. The allegation is that he did not disclose that he was already married.

On this, the court raised the question as to why the woman decided to live with him and have a child without marriage. However, the court also expressed sympathy towards the woman and said that she can ask for maintenance for her child. The Supreme Court also made it clear that a child born outside marriage cannot be considered illegitimate and all his legal rights are protected. In the end, the court advised both the parties to try to resolve this dispute through mutual negotiations and mediation.

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