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‘Where is offence in consensual live-in?’: SC on woman’s rape plea against ex-partner after break-up

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Can a break-up after a long consensual live-in relationship attract rape charges?Faced with a woman pressing for sexual assault charge against her former live-in partner with who also had a child, the Supreme Court on Monday expressed surprise over her plea.“Where is the question of an offence when a relationship is consensual?” a bench of Justice BV Nagarathna and Justice Ujjal Bhuyan asked the woman who has challenged a Madhya Pradesh High Court order quashing an FIR against her former live-in partner for alleged sexual assault on a false promise of marriage.“Why did she go and live with him before marriage? She lived with him. She had a child with him. He walks out because there is no marriage bond. Any legal bond is not there. He walks out, that is the risk in a live-in relationship. So once he walks out, it does not become a criminal offence,” Justice Nagarathna told the woman’s counsel who insisted that the petitioner was sexually exploited by the accused on the promise of marriage.The top court, however, issued a notice to the man and asked the parties to go for mediation and explore the possibility of an amicable settlement.The bench said the woman could seek maintenance for the child. “Even if he goes to jail, what will she gain? We can think of some maintenance for the child. Child is now seven years (old). At least, some monetary compensation can be made for the child,” Justice Nagarathna said.The counsel said that after she lost her husband she was introduced to the accused by her brother-in-law and the accused — who was already married — concealed this fact and exploited her.“See, if there was marriage, the question of her rights would have been better. She could have filed regarding bigamy. She could have filed for maintenance. She would have got those reliefs. Now since there is no marriage, they live together, this is the risk. They can walk out any day. What do we do?” Justice Nagarathna wondered.

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