New Delhi: The Supreme Court on Monday, April 27, observed that two consenting adults who choose to live together without marriage may not attract criminal liability if the relationship breaks down, Bar and Bench reported.

The court was hearing a case alleging rape on the false pretext of marriage, where the parties had lived together for about 15 years and had a child. The court’s ruling suggests that long-term cohabitation is seen as indicative of consensual, rather than fraudulent sexual relations.

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“Why did she go and live with him before marriage? See now if we ask these questions, they say we are victim shaming. What is this…?,” a Bench of Justices BV Paragnath and Ujjal Bhutan asked.

The court questioned the petitioner’s counsel on the existence of the essential ingredients of the offence, asking why did she go and live with the accused before marriage. “See now if we ask these questions, they say we are victim shaming. What is this…?” Justice Nagarathna remarked.

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The petitioner had argued that  she was an 18-year-old widow when she met the accused man, a Tahsildar. She alleged that he promised to marry her and, on that basis, entered into a relationship with her. The two then started to live together for around 15 years and had a child. The petitioner also pointed out that she was unaware that the accused was already married, claiming the man exploited her by misusing his position of authority.

The court, however, indicated that the nature and duration of the relationship raised questions about the applicability of criminal charges. Asking where is the offence, the court said “We are only concerned with this petitioner. So there was a consensual relationship. They were living together. She had a child and then she files complaint of sexual assault and all that.