The Supreme Court of India on Monday remarked that a boy and a girl before marriage are "total strangers" and should remain cautious while entering pre-marital physical relationships. A bench of Justices BV Nagarathna and Ujjal Bhuyan made these observations during the hearing of a bail plea filed by a man accused of rape on the false promise of marriage. While examining the case, the bench questioned the woman on why she travelled all the way to Dubai, where both allegedly engaged in physical relations.
"It is consensual... We may be old-fashioned but a boy and girl before marriage are total strangers... They should be circumspect in indulging in physical relationships before marriage," the court noted. Justice Nagarathna further remarked, "Whatever may be the thick and thin of their relationship, we fail to understand how they can be indulging in physical relationship before marriage. Maybe we are old-fashioned but you must be very careful, nobody should believe anybody before marriage.”
Claims of meeting through matrimonial site
According to the woman's counsel, the two had connected through a matrimonial website in 2022. She alleged that the man built physical intimacy with her on multiple occasions in Delhi and later in Dubai on the promise of marriage. The bench questioned her decision to travel abroad, observing that the case appeared to reflect consensual involvement. Justice Nagarathna said, "She should not have gone before marriage if she was so strict about it. We will send them to mediation. These are not cases which are to be tried and convicted when there is consensual relationship."
She also asked the man’s counsel to consider paying compensation and closing the matter. The court asked the woman’s counsel to explore settlement possibilities and posted the matter for Wednesday to hear the views of both sides.
Allegations of intimate videos and second marriage
The woman alleged in her complaint that the man persuaded her to travel to Dubai, where he established physical relations and recorded intimate videos without her permission, threatening to circulate them if she resisted. She further stated she later learned he had married another woman in January 2024 in Punjab.
Lower courts denied bail before matter reached SC
Earlier, the Delhi High Court and the trial court had rejected the man’s bail plea. The High Court noted that the allegations indicated the promise of marriage appeared false from the beginning, especially since the petitioner was already married and had remarried on January 19, 2024. Dissatisfied with the High Court’s order, the man approached the Supreme Court seeking bail.
ALSO READ: Supreme Court issues notice to Centre on pleas challenging certain provisions of data protection law
