Allahabad, September 14: The Allahabad High Court has observed that a man’s refusal to marry after being in a consensual live-in relationship for several years cannot be construed as a cognisable offence. The ruling came while dismissing a plea filed by a woman who accused her live-in partner of rape after he declined to marry her.

Justice Arun Kumar Singh Deshwal, in an order dated September 8, stated, “If two able-minded adults reside together as a live-in couple for more than a couple of years and cohabit with each other, a presumption would arise that they voluntarily chose that kind of a relationship fully aware of its consequences.” The court further remarked that allegations of consent being based solely on a promise of marriage cannot hold merit, particularly when no claim is made that the physical relationship would not have occurred without such a promise. HC on Live-In Relationship: Madhya Pradesh High Court Allows Major Couple To Reside Together, Expresses Concern Over Petitioners' Live-In Relationship Choice at 'Tender Age'.

Counsel for the accused, advocate Sunil Choudhary, submitted that both parties were initially inclined to marry but later the man backed out due to personal reasons. Following the woman’s complaint to the SDM and police, the matter was settled mutually between the two, with the woman agreeing not to pursue the case further. Courts Cannot Indirectly Sanction Minor's Live-In Relationship, Says Punjab and Haryana HC; Rejects Live-In Couple's Petition Seeking Protection.

The court also noted that both individuals, employees at a Tehsil office, had been in a relationship for four years, a fact known to colleagues and officials. Earlier, the Additional District and Sessions Judge of Mahoba had dismissed the woman’s complaint on August 17, 2024, a decision now upheld by the High Court.

The ruling reinforces the judiciary’s stance that consensual long-term live-in relationships cannot automatically translate into criminal cases when marriage does not materialise.

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