Supreme Court of India questions criminality in long-term live-in relationship, suggests mediation

April 27, 2026 : The Supreme Court of India on Monday raised doubts over the criminal nature of allegations arising from a long-term live-in relationship, while hearing a woman’s challenge to a Madhya Pradesh High Court order quashing an FIR against her former partner in a case of alleged sexual assault on the promise of marriage.

A bench comprising Justice B V Nagarathna and Justice Ujjal Bhuyan observed that the parties had lived together for about 15 years and had a child. Questioning the basis of the offence, the Court remarked that the relationship appeared consensual.

“Where is the question of offence when there is a consensual relationship?” Justice Nagarathna said, noting that the couple cohabited and had a child, and the grievance arose only after the man did not marry the woman.

The petitioner’s counsel argued that the accused had promised marriage and exploited the woman sexually. It was also submitted that the accused was already married and had concealed this fact.

The Court, however, indicated that such circumstances may not automatically attract criminal liability. Justice Nagarathna pointed out that in the absence of a legal marriage, partners in a live-in relationship assume certain risks, including the possibility of separation without legal consequences akin to matrimonial rights.

She added that if a valid marriage had existed, the woman could have pursued remedies such as action for bigamy or maintenance. In the present case, the Court suggested that the woman may instead explore civil remedies, particularly for the welfare of the child.

“Even if he goes to jail, what will she gain?” the bench observed, emphasizing the need to secure financial support for the child, who is currently seven years old.

The Court issued notice in the matter and encouraged both parties to consider mediation, indicating that a settlement, including monetary support for the child, may offer a more practical resolution. (PTI)