Nobody should trust anyone before marriage, why enter into physical relationship before that: Supreme Court

The Supreme Court on Monday remarked that individuals should exercise caution in trusting each other before marriage and questioned why couples engage in physical relationships prior to wedlock, even when such relationships are consensual.

A bench of Justices B V Nagarathna and Ujjal Bhuyan made the observations while hearing the bail plea of a man accused of rape on the promise of marriage. During the hearing, the court asked the complainant why she had travelled to Dubai, where the two had a physical relationship.

Describing its outlook as “old-fashioned,” the bench noted that a man and woman are essentially strangers before marriage and should be careful about entering into intimate relationships. Justice Nagarathna observed that regardless of how close the couple may have become, the court found it difficult to understand why they engaged in a physical relationship before marriage and cautioned that trust should be exercised carefully in such situations.


"It's consensual. We may be old-fashioned but a boy and girl before marriage are total strangers. They should be circumspect in indulging in physical relationships before marriage," PTI quoted the bench as saying.

"Whatever may be the thick and thin of their relationship, we fail to understand how they can be indulging in physical relationship before marriage. Maybe we are old- fashioned but you must be very careful, nobody should believe anybody before marriage," Justice Nagarathna said.

The complainant’s lawyer told the court that the two had met through a matrimonial website in 2022. The accused allegedly developed a physical relationship with her multiple times in Delhi and later in Dubai, assuring her that he would marry her.

Responding to this, Justice Nagarathna said that if the complainant held firm views about marriage, she should have avoided travelling with him before the wedding. The bench added, "She should not have gone before marriage if she was so strict about it. We will send them to mediation. These are not cases which are to be tried and convicted when there is consensual relationship."

According to the woman’s complaint, the accused persuaded her to travel to Dubai on the promise of marriage, where he had physical relations with her. She also alleged that he recorded private videos without her permission and threatened to share them. She later learned that he had married another woman in Punjab in January 2024.

The trial court and the Delhi High Court had both denied bail to the accused. The High Court noted that the promise of marriage appeared deceptive from the beginning, particularly since he was already married and had remarried in January 2024.

The accused has now approached the Supreme Court for bail. During the hearing, Justice Nagarathna suggested that he could consider compensating the complainant to settle the dispute, while the bench asked her counsel to examine the possibility of a resolution. The matter has been scheduled for further hearing on Wednesday.