Supreme Court urges caution in pre-marital relationships, says couples are ‘total strangers’ before marriage

In a significant observation that has sparked debate, the Supreme Court on Monday advised young couples to exercise caution in pre-marital relationships, remarking that a boy and girl are “total strangers” before marriage.

A bench comprising Justices B V Nagarathna and Ujjal Bhuyan made the comments while hearing a bail plea filed by a man accused of rape on the false promise of marriage. The court’s remarks came in the context of examining whether the relationship between the complainant and the accused was 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,” the bench observed. The judges further stated that “nobody should believe anybody before marriage,” underscoring the need for caution and prudence in such matters.

The case in question

The matter before the court involved allegations that the accused had established physical relations with the complainant under the pretext of marriage. According to submissions made by the woman’s counsel, the two had met on a matrimonial website in 2022. The complainant alleged that the accused had engaged in physical relations with her on multiple occasions, both in Delhi and later in Dubai, on the promise that he would marry her.

During the hearing, the bench questioned aspects of the complainant’s conduct, particularly her decision to travel to Dubai where the relationship allegedly continued. Justice Nagarathna noted that the circumstances appeared to indicate a consensual relationship.

“She should not have gone before marriage if she was so strict about it,” Justice Nagarathna remarked, suggesting that the case did not immediately reflect a straightforward criminal offence. The bench added that such matters, where consent appears evident, are not always appropriate for trial and conviction.

Mediation and possible settlement

Rather than proceeding directly toward a prolonged legal battle, the Supreme Court indicated its preference for mediation. Justice Nagarathna said the court would refer the parties to mediation and encouraged both sides to explore the possibility of settlement.

The bench also asked the counsel for the accused to consider paying compensation to the complainant. The matter has been posted for further hearing on Wednesday, when the court will seek to ascertain the views of both parties regarding mediation and settlement.

The court’s observations, though made in the specific context of a bail hearing, have triggered wider conversations about consent, accountability, and the evolving legal approach to relationships formed through matrimonial platforms.