The Allahabad High Court observed that a man’s refusal to marry his live-in partner after years of consensual relationship does not constitute a cognisable offence. The decision came while rejecting a petition filed by a woman challenging the August 17, 2024, order of the Additional District and Sessions Judge, Mahoba, who had earlier dismissed her complaint.
Justice Arun Kumar Singh Deshwal, delivering the order on September 8, noted, “If two able-minded adults reside together as a live-in couple for more than a couple of years and cohabit with each other, a presumption would arise that they voluntarily chose that kind of a relationship fully aware of its consequences.”
The court held that the allegation of rape on the basis of a broken promise of marriage was not sustainable in this case. “The allegation that such a relationship was entered into because there was a promise of marriage is unworthy of acceptance, particularly when there is no allegation that such a physical relationship would not have been established had there been no promise to marry,” the order stated.
The judge emphasised that a consensual relationship maintained for over four years cannot later be interpreted as one based on coercion or deceit regarding marriage.
Counsel for the man, advocate Sunil Choudhary, submitted that the relationship between his client and the complainant was consensual and known to colleagues, as both were employed in the same Tehsil office. He further noted that the couple was initially willing to marry but later parted ways due to personal reasons.
“Subsequently, because of certain reasons, the opposite party backed out of a promise to marry the applicant, and a complaint was made by the applicant to the SDM and other officers. However, during enquiries, both parties settled their dispute and the applicant chose not to pursue the case,” Choudhary argued.
The High Court also recorded that the woman had earlier approached the Sub-Divisional Magistrate (SDM) and the police, but both parties resolved their differences at that stage. Since then, the complainant had withdrawn from pursuing the matter, which further weakened the grounds for treating it as a cognisable offence.
The court, therefore, upheld the Mahoba sessions court’s decision and dismissed the woman’s plea, reiterating that consensual live-in relationships cannot be criminalised solely because one partner later refuses marriage.
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