Can Live-In Be Treated As De Facto Marriage? SC To Decide If Man Liable For Refusing To Marry After Long Cohabitation

The Supreme Court will examine if a man is liable for refusing to keep his promise of marrying the woman after long cohabitation and consensual sexual relationship. It will consider if such relationship should be treated as ‘de-facto’ marriage, reported Live Law

A two-judge bench of Justice Adarsh Kumar Goel and Justice Abdul Nazeer had observed that such an interpretation of ‘de-facto’ marriage will have to be considered so that the woman is not exploited and rendered remediless even if the man is not criminally liable, the report stated.

Senior Advocate and Congress leader Abhishek Manu Singhvi has been appointed as an ‘amicus-curie’ in the matter.

Earlier, the High Court of Karnataka had dismissed the petition filed by the accused requesting the court to quash the proceedings against him. The apex court stayed the proceedings and tagged the case with another Special Leave Petition (SLP) and took cognizance of the same.

The apex court, in another case, had observed that it is difficult to consider sexual intercourse in the course of relationship which lasted for eight years to be ‘rape’ the report further stated.

In 2015, the apex court had observed that ‘live-ins’ are acceptable in the society.

"In modern times, live-in relationship has become an acceptable norm. It is not a crime," Justices Dipak Misra and Prafulla C Pant had observed.