"They Had Child Together, Now She Says Rape?" Supreme Court On Live-In Relationship

The observation was made by Justice BV Nagarathna while hearing a petition filed by a woman accusing a man of rape, assault, and exploitation.

27 Apr 2026, 06:53 · www.ndtv.com

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Walking out of a live-in relationship is not a criminal offence, said Supreme Court Justice Nagarathna
The observation came during a rape and assault petition hearing by a woman against her live-in partner
Justice Nagarathna highlighted the legal difference between consensual live-in ties and criminal sexual acts

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New Delhi:

Walking out of a live-in relationship does not, by itself, constitute a criminal offence, the Supreme Court has observed, flagging the risks in such relationships in the absence of a marriage bond.

The observation was made by Justice BV Nagarathna while hearing a petition by a woman accusing a man of raping and assaulting her on the false pretext of marriage. The court also stressed the differences between consensual live-in relationships and criminal sexual offences.

Justice Nagarathna noted that when adults choose to live together outside marriage, such relationships often carry inherent risks.

"This is a live-in relationship. She went on to have a child with the man without marriage, and now she is saying rape and assault. What is this?" Justice Nagarathna asked, questioning how a consensual relationship could lead to an allegation of sexual assault.

Such questions are often criticised as "victim-shaming", the judge noted, but insisted that the nature of consent is also important. "Where is the question of offence when there is a consensual relationship?" she asked.

"This is what happens in live-in relationships. For years, they lived together. When they split up, the lady files a complaint against the man for sexual assault. These are all the vagaries of relationships outside marriage," the judge added.

The petitioner's counsel informed the court that the accused had met the widow when she was 18 years old and had promised to marry her. The accused was already married at that time and had four wives, but the woman was not aware of it, the counsel claimed.

Justice Nagarathna questioned why she chose to live with the man and have a child without getting married first. When the counsel claimed that the accused had done this with others too, the judge said that the court was concerned with only the petitioner's case.

The court also expressed sympathy for the woman and added that she can seek maintenance for the child. But the breakdown of a live-in relationship cannot be the ground for a criminal offence, it stated.

"There can be an illegitimate relationship, but the child (born from such a relationship) cannot be illegitimate. If there were a marriage, then her rights would have been better," the judge noted.

The court also advised the parties to settle the matter through mediation.

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