"Long Live-in Relationship Implies Couple’s Consent To Stay Without Marriage", Says SC

The Supreme Court (SC) of India observed that a long live-in relationship implies that the couple did not wish to marry, but instead chose to stay together. This remark came during the hearing of a case against a man accused of raping a woman under the pretext of marriage. The SC dismissed the case against the man.

“In our view, 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 relationship, fully aware of its consequences. Therefore, the allegation that such a relationship was entered into because there was a promise of marriage is, in the circumstances, 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 SC said.

A bench comprising Justices Sanjay Karol and Manoj Misra was hearing the case after it reached the apex court when the Uttarakhand High Court refused to quash the FIR filed against the man.

The Couple’s Story & The Accusation

The couple had lived together for two years. On November 19, 2023, they executed a settlement deed stating their intention to get married. However, on November 23, an FIR was filed against the man, alleging that he had forced sex with the woman on November 18, 2023. The Uttarakhand High Court refused to quash the FIR, prompting the man to approach the Supreme Court.

“Moreover, the physical relationship continued for over two years without any complaint during that period. In such circumstances, a presumption would arise of there being valid consent for initiating and maintaining the physical relationship that spanned over two years,” the SC added.

The apex court further observed that although a decade or two ago, live-in relationships might not have been common, today more women are financially independent and capable of making conscious decisions about their lives, which has led to the rise of live-in relationships.

“Therefore, when a matter of this nature comes before a court, it must not adopt a pedantic approach. Rather, the court may, based on the length of the relationship and the conduct of the parties, presume implied consent of the parties to be in such a relationship, regardless of their desire or intention to convert it into a marital bond,” the court said.

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