SC: Married Woman in Consensual Affair Cannot File Rape Case on False Promise of Marriage

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News18•06-02-2026, 06:11
SC: Married Woman in Consensual Affair Cannot File Rape Case on False Promise of Marriage
- •The Supreme Court ruled that a married woman in a consensual physical relationship with another man cannot file a rape case if the relationship sours, citing a false promise of marriage.
- •Justices B.V. Nagarathna and Ujjal Bhuyan stated that such a woman is ineligible to marry due to her existing marriage, making a false promise of marriage claim invalid.
- •The ruling quashed criminal proceedings against a lawyer accused of rape by a female lawyer, where the complainant was married during their relationship.
- •The SC emphasized that a promise of marriage is not legally enforceable if the complainant herself is not eligible for marriage, referencing Section 5(i) of the Hindu Marriage Act, 1955.
- •The court expressed concern over the misuse of rape laws, particularly when consensual relationships end, urging careful examination of each case.
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