The Allahabad High Court has ruled that a man’s refusal to marry his live-in partner after years of consensual physical relationship cannot be treated as a cognisable offence. The court dismissed a woman’s plea alleging rape against her partner.
Justice Arun Kumar Singh Deshwal delivered the order on September 8, stating that when two competent adults voluntarily live together for years, it must be assumed they entered the relationship knowingly and with full awareness of its consequences.
The court observed:
“If two able-minded adults live together as a couple for years and cohabit, a presumption arises that they chose the relationship voluntarily. Allegations of a promise of marriage, under such circumstances, are not acceptable.”
The case was filed by a woman employed in the Tehsil office of Mahoba district, who alleged that her colleague had physical relations with her on the promise of marriage but later refused to marry her. She lodged a complaint with the Sub-Divisional Magistrate (SDM) and police.
Her complaint was earlier dismissed by the Additional District and Sessions Judge, Mahoba, on August 17, 2024. She then moved to the High Court challenging the order.
The woman’s counsel argued that refusal to marry amounted to breach of promise, invalidating her consent for the relationship. However, the man’s lawyer, advocate Sunil Choudhary, maintained that both parties had been in a consensual relationship, a fact confirmed by the woman’s own statements.
The bench also noted that the relationship was well known among their colleagues at the Tehsil office and had continued for four years without any coercion. The court concluded that no offence was made out in this case.
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