Supreme Court recognizes implied consent in live-in relationships, dismisses rape charges

Recognising the growing trend of
live-in relationships
, the Supreme Court has noted that when two consenting adults live together for an extended period, it can be presumed that they have willingly entered into such an arrangement with full understanding of its implications. As a result, claims that the relationship was based solely on a promise of marriage may not hold merit.
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While dismissing rape charges against a man filed by his live-in partner, a bench comprising Justices Sanjay Karol and Manoj Misra observed that since the physical relationship lasted for over two years without any interim complaint, it can be presumed that the consent for both initiating and continuing the relationship was valid.
'A decade or two earlier, live-in relationships might not have been common. But now more and more women are financially independent and have the capacity to take conscious decision of charting their life on their own terms. This financial freedom, inter alia, has led to proliferation of such live-in relationships. Therefore, when a matter of this nature comes to a court, it must not adopt a pedantic approach rather the court may, based on the length of such relationship and conduct of the parties, presume implied consent of the parties to be in such a relationship regardless of their desire or a wish to convert it into a marital bond,' the court said.
[With TOI inputs]

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