The Supreme Court of India has recently addressed the legal implications of long-term live-in relationships, particularly concerning allegations of sexual assault based on false promises of marriage. In a notable judgment, the Court quashed a rape case against a man who had been in a 16-year live-in relationship with a woman. The Court observed that such prolonged cohabitation indicates a consensual relationship, making it implausible to claim that the relationship was maintained solely under a false promise of marriage. The bench emphasized that a mere breach of a marriage promise does not constitute rape unless it is proven that the accused never intended to marry the woman from the beginning of the relationship .

Furthermore, the Court highlighted a concerning trend where long-term consensual relationships are being criminalized after they deteriorate. In another case, the Supreme Court noted that attaching criminality to such prolonged relationships at a belated stage could lead to serious consequences, cautioning against the misuse of criminal law in matters that are essentially civil disputes .

These judgments underscore the Court’s stance that while live-in relationships are not legally equivalent to marriage, they are not criminalized under Indian law. Courts have reiterated that adults have the autonomy to make personal choices, and morality, unless codified by law, cannot be enforced through legal means .

However, it’s important to note that the legal recognition of live-in relationships remains limited. While the Protection of Women from Domestic Violence Act, 2005, acknowledges “relationships in the nature of marriage” and offers protection to female partners from domestic abuse, live-in relationships lack the full legal status of marriage .

In summary, the Supreme Court has clarified that long-term live-in relationships are presumed to be consensual and should not be retrospectively criminalized based on allegations arising after the relationship ends. This approach aims to prevent the misuse of legal provisions in personal relationships that have soured over time.

Sources