Adults Willingly Engaging In Sexual Relations Outside Marital Setting Constitutes No Offence: Rajasthan High Court

The Rajasthan High Court recently observed that if two adults willingly engage in sexual relations outside of marriage, no statutory offence gets constituted.

A bench of Justice Birendra Kumar opined thus while emphasizing that unless someone marries during the lifetime of his/her spouse, only marriage-like relationships such as living-in-relationship would not come within the mischief of Section 494 IPC (Bigamy).

These observations were made by the single judge while dismissing an application filed by a Husband seeking to recall the court's order that quashed an FIR against individuals accused of abducting his wife.

Essentially, the FIR in question was lodged by the husband alleging therein that his wife was abducted by the accused persons. However, the Court quashed the said FIR after his wife appeared in the court along with an affidavit wherein she specifically stated that no one had abducted her, rather she was in a live-in relationship voluntarily with one of the accused.

Since the victim herself stated before the court that she was not abducted by anyone to go, the High Court had opined that no offence under Section 366 IPC was not made out and accordingly quashed the FIR.

However, the husband submitted before the Court that since his wife had admitted that she was in an extra-marital relationship like a relationship with one of the accused, therefore, an offence under Sections 494 and 497 IPC was made out.

Rejecting the husband's plea, the HC took into account the Supreme Court's 2010 judgment in the case of S. Khushboo Vs. Kanniammal & Ors to hold that no statutory offence takes place when adults willingly engage in sexual relations outside the marital setting.

The Court also observed that adultery under Section 497 IPC has already been struck down by the Apex Court in the case of Joseph Shine Vs. Union of India 2019 and hence, no offence under Section 494 IPC was not made in the instant case.

"...it is not the case of the parties that anyone has remarried during the lifetime of husband or wife. Unless the marriage is pleaded and proved only marriage-like relationship such as living-in-relationship would not come within the mischief of Section 494 IPC," the Court remarked.

Further, noting that the wife of the applicant along with other accused persons has jointly filed a reply in this matter, wherein she has consistently stated that she voluntarily left the house and she is in a relationship with one of the accused, the Court did not find any merit in the prayer of the applicant and accordingly, the petition was dismissed.

Case title - Y and others vs State Of Rajasthan and others

Citation: 2024 LiveLaw (Raj) 77

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