'Married woman cannot allege rape by live-in partner on false pretext of marriage'

A woman who is already married to someone else cannot claim to have been induced into a sexual relationship under the false pretext of marriage, the Delhi High Court has said while quashing a rape case against a man, also married, by his live-in partner.

Justice Swarana Kanta Sharma, in an order released on Thursday, noted the case involved two individuals who were both ineligible to lawfully marry each other but were living together pursuant to a "live-in relationship agreement", and the protection and remedies available under Section 376 (punishment for rape) of the Indian Penal Code cannot be extended to such a "victim".

The judge observed that a live-in relationship between two consenting adults, who are married to different partners, has not been made a criminal offence, and while the parties have the right to determine their own choices, both men and women should "remain conscious of the repercussions" of such a relationship.