The Delhi High Court said a married woman cannot claim to have been induced into a sexual relationship under the false pretext of marriage, and quashed a ‘rape’ case against a man by his live-in-partner.

The court observed that a live-in relationship between two consenting adults, who are married to different people, has not been made a criminal offence, and while the parties have the right to determine their own choices, both men and women should remain conscious of the repercussions of such a relationship.

“Once the complainant/respondent no. 2 herself was not legally divorced and is not so to date, the petitioner could not have married her as per law. It was also not mentioned in the agreement that they were living in or maintaining a relationship with each other due to a promise of marriage by the petitioner/accused,” the court said.

“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 added.

In the case, the accused sought the quashing of the FIR for alleged rape.

“Individual adults are free to make decisions even those that might not align with societal norms or expectations, however, in those cases they have to remain ready to face potential consequences of such relationships. Needless to say, individual free choices like these will invite individual responsibilities and consequences,” it added.