The Supreme Court has raised a key question in a case involving a live-in relationship: can a woman file a rape complaint after living with a man for years without marriage and having a child, if the relationship later breaks down?
According to the case details, a 23-year-old woman lived with a man for more than five years without marrying him and later gave birth to a child. After differences arose, the man left the relationship. The woman alleged she was sexually exploited on the promise of marriage and approached the Supreme Court seeking registration of a criminal case.
A bench led by Justice B.V. Nagarathna observed that adults who choose to live together without marriage must be aware of the legal challenges that may follow. The court noted that separating from a spouse or a live-in partner is a matter of personal choice, and a breakup alone cannot be the basis for initiating criminal proceedings.
The bench also remarked that while the relationship may be viewed as “irregular” by some, the child born from it can never be considered illegitimate. It added that the woman may seek legal maintenance for the child from the man, and suggested that the dispute could be resolved amicably through mediation.
The court made these observations while hearing the matter and indicated that maintenance remedies are available, but criminal prosecution in such circumstances may not be appropriate.
