Can sexual intimacy between a live-in couple be called rape, asks Supreme Court

While examining the issue of consent for sexual relationship between a couple living together the Supreme Court on Monday queried whether sexual intercourse between them can be termed as rapeA bench headed by Chief Justice SA Bobde and comprising Justices ASBopanna and V Ramasubramanian said If a couple is living together as man and wifethe husband may be brutal but could the sexual intercourse between the couple who are living together can be termed as rapeThe observations from the top court came while hearing a plea of a person accused of rape by a woman who had been in a livein relationship with him for over two years The woman had filed an FIR for rape after the man married another womanSenior advocate Vibha Dutta Makhija representing the accused submitted before the bench that the couple used to work together and they were in a livein relationship for over two years The bench noted that making a false promise for marriage is wrongAccording to the complainant who was represented by advocate Aditya Vashisth the couple was in a romantic relationship but she had clearly refused getting into a sexual intimacy before marriage Vashisth argued that his clients consent was obtained by fraudThe top court was informed that the couple had gone to Manali where they participated in a marriage ritual The petitioner denied that any marriage took place instead he was a livein relationship where they had consensual intimacyIn 2019 the Allahabad High Court had declined to entertain a plea by the petitioner to quash the FIR against him The petitioner through advocate Fuzail Ahmad Ayyubi moved the top court challenging this order The womans counsel highlighted that the petitioner had also beaten up his client when they were living together and emphasised consent for the sexual act was obtained by fraud after she was made to believe that the marriage was realThe bench observed No one should falsely promise marriage and break off But that is different from saying the act of sexual intercourse is rape The bench noted that it had settled this matter in its earlier verdictsOn the aspect of the petitioner beating up the complainant the bench queried her counsel why dont you file a case for assault and marital cruelty Why file a rape case Makhija contended that the complainant had filed such complaints earlier too Its a habitual act of this lady She did same with two others in office she added The petitioners wife had also made an accused in the matter as a coconspiratorThere shall be stay of arrest of the petitioners for a period of eight weeks Thereafter the trial court will decide the question of the liberty of the petitioners The special leave petition is dismissed as withdrawn with liberty as prayed for said the top court in its orderThe UP government informed the top court that the petitioners wife has not been chargesheeted by the police In view of this Vibha Datta Makhija learned senior counsel appearing on behalf of the petitioner seeks permission to withdraw the special leave petition Permission is granted The special leave petition is dismissed as withdrawn added the top courtThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever