No promise to marry when relation started, if women already married: Supreme Court quashes rape case

The Supreme Court in its judgement said that the woman was already married when the relationship began, and there had been no commitment to get married.

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Sonia Dham
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Courtesy: ANI, X

A bench consisting of Justice CT Ravikumar and Rajesh Bindal on Friday quashed a rape case saying that ‘No promise to marry when relations started, she was already married.’ The statement from the bench came after a woman filed a criminal case against the man accused of raping her under the pretenses of marriage. 

The court in its statement said that the woman was already married when the relationship began, and there had been no commitment to get married. The criminal case under Sections 376(2)(n) and 506 of the Indian Penal Code was refused to be quashed by the High Court, but this decision was overturned by the bench of the Supreme Court.

What is the case all about?

The decision from the bench of Supreme Court judges came after hearing a case, in which the accused had a physical relationship with his landlady, who was ten years older than him, and they even got married in a temple in January 2019 while she was under the belief that she had divorced her previous spouse. This unusual set of circumstances led to the court's conclusion. The couple had been dating since 2017, but they moved in together after their unofficial marriage. The woman was living in the same home as her parents and her teenage daughter from her previous marriage.

The complainant then went away for business-related work and started ignoring her calls and refused to stay with her. On that basis, the complaint was registered on this case.