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New Delhi: The Supreme Court on April 27 questioned the rape claim of a woman in a live-in relationship for a prolonged period. The bench, led by Justice BV Nagarathna, asked, “They had a child; now she says rape?” while hearing a plea of a woman challenging the quashing of an FIR registered against her live-in partner.
The couple lived together for around 15 years and had an illegitimate child. The man was accused of raping her on the promise of marriage. The Court noted that the eventual breakdown of a consensual cohabitation can't be assumed to be a rape, and consent is crucial.
Justice Nagarathna posed the question of how a consensual relationship culminating in a pregnancy could be a sexual assault later. The Court recommended mediation and child support instead of criminal charges. This case raises legal questions
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