The Supreme Court on Monday made strong verbal remarks on pre-marital relationships while hearing a bail plea in a case involving allegations of rape and promise of marriage.
A bench of Justice BV Nagarathana and Justice Ujjal Bhuyan was hearing the bail plea of a man accused of establishing a physical relationship with a woman after promising to marry her, despite already being married at the time and then marrying another woman.
During the hearing Justice Nagarathna remarked caution must be exercised before entering into a physical relationship prior to marriage.
"Maybe we are old-fashioned… but before marriage, a boy and a girl are strangers. Whatever may be the thick and thin of their relationship, we fail to understand how they can be in a physical relationship before marriage…" she observed.
"You must be very careful. Nobody should believe anybody before marriage."
The court was told the woman and man met in 2022 via a matrimonial services website.
The prosecution alleged the man assured the woman he would marry her and, on that basis, she established a physical relationship that extended to meetings in Dubai.
The prosecution also claimed videos of their sexual interaction had been recorded, without the woman's consent, and that she had threatened with their circulation.
According to the prosecution, the woman later found out the man had been married all along, and had then married a second woman, in Punjab in January 2024.
Justice Nagarathna asked why she had chosen to travel to Dubai before marriage.
When the government counsel pointed out the two had met on a matrimonial site and were planning to marry, the judge observed that if the woman were particular about marriage, she should not have travelled prior to it.
"She should not have gone before marriage if she was so strict about it. We will send them to mediation. These are not cases which are to be tried and convicted when there is a consensual relationship,” the bench remarked.
The matter has been listed for Wednesday for further hearing.