SC: Consensual sex between live-in partners not rape, if man fails to marry

Shaihzad Abid/Rahul Kumar Jha

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New Delhi: Supreme Court overruled a case filed by nurse against a doctor, with whom she was in a live-in relationship.

According to the First Information Report,
the nurse who was a widow developed feelings for the doctor and started living with the doctor.



“Thus, there is a clear distinction between rape and consensual sex. The court, in such cases, must very carefully examine whether the complainant had actually wanted to marry the victim or had mala fide motives and had made a false promise to this effect only to satisfy his lust, as the latter falls within the ambit of cheating or deception,” a bench of Justices AK Sikri and S Abdul Nazeer said in a recent verdict.

Consensual physical relationship between live-in-partners doesn’t amount to rape in case the man falls to marry the women due to circumstances beyond his control, the top court held.

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