Supreme Court Upholds Bail for Accused of Sexual Relations Under False Promise of Marriage. Court Reprimands Woman for Extramarital Affair and Warns of Prosecution.
New Delhi: The Supreme Court recently made a significant observation in a case where a married woman sought the cancellation of anticipatory bail granted to a man accused of engaging in sexual relations under the false pretense of marriage. Upholding the accused's bail, the court reprimanded the woman, stating that engaging in an extramarital affair is, in itself, an offense. The court warned that if such behavior recurs, the woman could also face prosecution.
Supreme Court's Response to the Woman's Petition
The woman filed a petition in the Supreme Court claiming that the accused man made false promises of marriage and repeatedly engaged in physical relations with her. However, the Supreme Court bench, comprising Justice MM Sundresh and Justice N Kotiswar Singh, rejected this argument. The court stated that the petitioner was herself married, had two children, and was a fully mature woman. Therefore, she was capable of understanding the nature of the relationship she was entering into.
Court's Sharp Questions and Observations
During the hearing, when the woman's lawyer stated that the two would go to hotels to engage in sexual relations, the court sharply questioned: "Why did you repeatedly go to hotels at his request?" The court stated explicitly that this was an extramarital affair, and the woman should have understood that she was also involved in an offense.
How Did the Relationship Begin?
The woman and the accused met through social media in 2016. Gradually, their intimacy grew, and they engaged in physical relations. According to the woman, due to the accused's persistent pressure and promises, she decided to divorce her husband. The family court granted the divorce on March 6, 2024.
Refusal to Marry and Legal Action
After the divorce, the woman spoke to the accused about marriage, but he flatly refused. Following this, the woman filed a complaint with the Bihar police, accusing the accused of sexual assault. The woman alleged that the accused had repeatedly sexually abused her under the pretense of marriage. The Patna High Court, hearing the case, granted anticipatory bail to the accused. The petition to cancel this bail was filed in the Supreme Court.
Supreme Court's Legal Interpretation
The court adopted a clear stance on two aspects of the case. First, there was no allegation of forced relations against the accused. Second, the woman herself was married and had been in the relationship with consent for a long time. The court stated that in such a situation, it cannot be considered a case of rape, especially when the woman is sensible and mature.
