In a groundbreaking verdict, the Rajasthan High Court has recently upheld the supremacy of constitution morality over societal conventions, ruling that consensual sex outside of marriage is not a statutory offence. Sex after marriage not a crime After marriage, if an adult has physical relations with someone else outside, then it will not fall in the category of crime. Actually, Rajasthan High Court has not considered having an affair outside marriage as a crime. Emphasizing this, the bench of Justice Birendra Kumar said that when two adults have consensual sex even after marriage, it is not a crime.Also, if a couple is in a live-in relationship with someone else after marriage, then it will not come under the purview of Section 494 of the IPC. This would be because neither of the two adults has remarried.Know full matterA husband filed a case of abduction of his wife by three people. When this matter reached Rajasthan High Court, the wife said that she was not kidnapped. She is living in a live-in relationship with another person. The woman confessed in the court that she had relations with someone else after marriage. The petitioner argued in the court that the case against the woman constitutes a crime under sections 494 of the IPC. During this, the lawyer demanded strict action against the woman.What Rajasthan Court said Rajasthan Court said that it is the choice of an adult woman as to whom she lives with and whom she marries, she is free to do so. However, it is true that physical relations should take place only between a married couple. But, if the couple has physical relations with someone outside after marriage, then it is not a crime. Subsequently, the court found no merit in the plea and dismissed it.
