The Supreme Court on Monday made an oral observation that a boy and a girl are strangers before marriage and therefore prudence should be exercised before entering into pre-marital physical relationship. LiveLaw.
The apex court’s pronouncement came in a case involving a bail application of a man accused of raping on the false pretext of marriage.
The case was heard by Justice BV Nagarathna and Justice Ujjal Bhuyan.
The man allegedly lured the complainant by assuring her that he would marry her even though he was already married and later married another woman. LiveLaw message.
The woman, aged around 30, met the man on a matrimonial platform in 2022. He allegedly engaged in physical relations with her on the basis of a promise of marriage on multiple occasions in Delhi and later in Dubai.
“We may be old-fashioned but before marriage a boy and a girl are strangers to each other. However strong and weak their relationship may be, we cannot understand how they can indulge in physical relationship before marriage. We may be old-fashioned… You have to be very careful, no one should trust anyone before marriage,” said Justice BV Nagarathna.
The complainant also alleged that she traveled to Dubai on his insistence where he had physical relations with her and also filmed intimate videos without her consent. He further threatened to spread these videos if she objected.
She later learned that he had remarried on 19 January 2024 in Punjab.
During the hearing, Justice Nagarathna asked why the woman had traveled to Dubai to meet the man.
The judge added that these cases were not suitable for trial and sentencing and suggested that the parties be referred to mediation.
“She should not have gone before marriage when she was so strict about it. We will send them for mediation. These are not cases to be tried and convicted when there is a consensual relationship,” Justice Nagarathna said.
The case was made public on Wednesday to explore the possibility of a settlement.
In 2025, the sessions court and the Delhi High Court rejected the bail pleas of the accused.
On 18 November 2025, the High Court rejected his bail application, stating that prima facie allegations indicated that the promise of marriage was false from the outset, especially as the man was already married and had remarried in January 2024.