Married Woman Can't Prosecute For Rape On False Pretext Of Marriage: Delhi High Court

The Delhi High Court has ruled that a sexual relationship between two adults, who are legally married to other partners, cannot be considered an act for which legal protection is available.

Justice Swarana Kanta Sharma said that an unmarried woman who is induced into a sexual relationship on the false pretext of marriage by someone, whom she believes to be legally eligible for marriage, may constitute an offence of rape. However, the court added, that 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 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 with whom she was in sexual relationship with. A case can be made out under Section 376 of IPC, if the victim can prove that she was induced into a sexual relationship under false pretext of marriage by the other party being legally eligible to enter into a marriage with such person,” the court said.

The court made the observations while quashing a rape case wherein two individuals were living with each other in a live-in relationship despite being married to their respective spouses.

The woman who filed the FIR alleged that the man had engaged in sexual relations with her under the false pretext of marriage. The FIR was filed under Section 376, 323, 506, 509 and 427 of Indian Penal Code, 1860.

They had a “live-in relationship agreement” mentioning that the complainant will not lodge any FIR or file any claim against the man and that he had not forced her in any manner. The woman was married, had a daughter and her divorce case was pending in court.

It was the woman’s case that the man had initially informed her that he was unmarried and promised to marry her. She alleged that when she had got to know that the man was already married, she confronted him and the man had then sworn on affidavit stating that he would obtain divorce from her wife within six months and get married to her. The man, on the other hand, contended that the affidavits were forged and fabricated.

While quashing the FIR, the court said that the man could not have entered into a legal marriage with the woman as she was already married and thus, there was no valid basis for her to entertain the notion of promise of a marriage from him, as she, by virtue of her existing marriage, was ineligible to marry him.

Commenting upon the legality and morality of such relationships, Justice Sharma said that courts cannot impose their perception of morality on adults who are free to make their own choices, if such choices are not illegal or an offence under the present framework of law.

Advocate S Selva Kumari appeared for the petitioner.

ASC Rupali Bandhopadhya appeared for the State.

Title: S Rajadurai v. State & Anr.

Citation: 2023 LiveLaw (Del) 871