NEW DELHI: The Supreme Court on Monday, calling itself “old-fashioned” questioned how two people could be indulging in a physical relationship before marriage even if it is consensual. The bench comprising Justices BV Nagarathna and Ujjal Bhuyan was hearing the bail application of a man accused of rape on the pretext of marriage. It questioned the complainant about why she had traveled to Dubai, where the two engaged in a physical relationship.“It’s 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,” PTI quoted the bench observed.“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,” Justice Nagarathna said.The woman’s counsel submitted that the two met through a matrimonial website in 2022, and that the accused allegedly entered into a physical relationship with her on several occasions in Delhi and later in Dubai on the false assurance of marriage.“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,” Justice Nagarathna said in response to this.In her complaint, the woman alleged that the man persuaded her to travel to Dubai, where he established physical relations with her on the false promise of marriage, recorded intimate videos without her consent, and threatened to circulate them. She later discovered that he had married another woman in Punjab in January 2024.Both the trial court and the Delhi high court had rejected his bail plea, with the high court observing that the promise of marriage appeared false from the outset, especially since he was already married and remarried in January 2024. The man has now approached the Supreme Court seeking bail.Justice Nagarathna suggested that the accused consider paying compensation to the woman to resolve the matter, while the bench also asked her counsel to explore the possibility of a settlement. The case has been posted for Wednesday to ascertain both sides’ positions.
