June 28, 2025: In a recent bail hearing, the Allahabad High Court made pointed remarks about live-in relationships, stating that the concept goes against the “established laws” of middle-class society. The court also raised concerns about the rising number of cases involving the exploitation of women through false marriage promises.
The remarks came during the bail petition hearing of Shan-e-Alam, who faces multiple charges under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act. Alam is accused of forming a physical relationship with a young woman by promising marriage, only to later refuse to marry her.
Justice Siddhartha, presiding over the case, expressed worry over how live-in relationships impact younger generations, pointing to their “adverse consequences” as seen in cases like the current one. The court emphasized the societal imbalance, noting that “men move on and even marry after such relationships end, but women find it difficult to find a partner after a breakup.”
The victim’s lawyer argued that the accused’s actions had “ruined the woman’s entire life,” making it hard for her to find a future spouse. The court acknowledged these concerns and remarked on the increasing misuse of laws where false accusations after relationship breakdowns cause harassment and undermine genuine rape cases.
The court stressed the importance of consent, clarifying that consensual sex between adults, even when based on a genuine but later broken marriage promise, does not constitute rape. This aligns with previous Supreme Court rulings and recent High Court judgments, which distinguish between consensual relations and rape by deception — where a deliberately false promise is made solely to obtain sex.
In a 2024 ruling, the Bombay High Court quashed a rape FIR against a 73-year-old man, recognizing the relationship as consensual despite the complainant’s awareness of his marital status. This approach reflects a consistent judicial pattern, with courts carefully balancing consent, deception, and the context of relationships.
The Allahabad High Court’s recent comments highlight ongoing societal debates about live-in relationships, marriage promises, and the legal protections for women. The remarks reflect concerns over protecting women from exploitation while also safeguarding against misuse of the law.
As the case proceeds, it underscores the complex interplay between evolving social norms and traditional legal frameworks in India.