“Physical Relation in Live In Relationship Presumes To Be Consensual”: Chhattisgarh HC
It further observed that, particularly where both parties are mature and financially independent, courts should adopt a practical rather than a rigid approach while assessing consent in long-term live-in relationships.
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Raipur, June 30: The Chhattisgarh High Court held that in a long-term live-in relationship between two consenting adults presumes that their physical relationship was consensual. The Court observed that a man's subsequent refusal to marry the woman does not, by itself, amount to rape, as a mere intention or promise to marry does not automatically mean that consent for the physical relationship was obtained solely on that basis.
A bench of Justices Sanjay S Agrawal and Narendra Kumar Vyas said that while couples in live-in relationships may express a desire to eventually marry, such an expression does not by itself establish that the physical relationship between them existed solely because of a promise of marriage.
“In a long-drawn live-in relationship… a presumption would arise that they voluntarily chose that kind of a relationship fully aware of its consequences,” it noted.
Case Background
The case arose from an appeal filed by a woman challenging the acquittal of a man accused of rape and unnatural sex. The woman, a 40-year-old project manager with a government body, alleged that she met the accused while pursuing an MBA at the Indian Institute of Management (IIM), Raipur, in 2019. She claimed that the accused promised to marry her, following which they entered into a physical relationship and lived together for nearly two years.
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According to the woman, the accused later refused to marry her, citing his parents' objections that she was senior to him and also because of her divorced status. The woman further alleged that the man also pointed out her different religion to refuse to marry her. She further alleged that in November 2021, he subjected her to unnatural sexual intercourse against her will. An FIR was subsequently registered under Sections 376 (rape) and 377 (unnatural sex) of the Indian Penal Code.
The trial court acquitted the accused, finding that the prosecution had failed to establish the charges beyond reasonable doubt. On appeal, the Chhattisgarh High Court upheld the acquittal. The Court relied on the woman's admissions that the couple had agreed to marry only with the consent of their families and that she had sought a monetary settlement before the Women's Commission. It also considered the testimony of her brother, who stated that the relationship arose out of a mutual love affair, and the medical evidence, which revealed no complaint or signs of forced or unnatural physical relation.
Considering the duration of the relationship, the conduct of both parties, and the evidence on record, the High Court concluded that the relationship was consensual and affirmed the trial court's decision. It further observed that, particularly where both parties are mature and financially independent, courts should adopt a practical rather than a rigid approach while assessing consent in long-term live-in relationships.
“The finding recorded by the learned trial Court that the victim and the accused were living in a long drawn relationship as such, the physical relationship is consensual relationship. As such, the accused cannot be punished for commission of offence of rape is in conformity with the law laid down by the Hon’ble Supreme Court,” the Bench observed.