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Allahabad High Court Rules Refusal to Marry After Four-Year Live-In Is Not a Cognisable Offence

The decision emphasizes a presumption of informed consent in long-term live-in relationships.

Overview

  • The High Court dismissed a woman's plea accusing her former partner of rape after he declined marriage following a four-year consensual relationship.
  • Justice Arun Kumar Singh Deshwal held that adults who cohabit for years are presumed to have voluntarily chosen the relationship with awareness of its consequences.
  • The order, dated September 8, upheld an August 17, 2024 decision of the Mahoba Additional District and Sessions Judge rejecting the complaint.
  • The court noted both parties worked at the same Tehsil, their relationship was known to colleagues and officials, and no specific claim showed the physical relationship hinged solely on a marriage promise.
  • Records reflect the woman complained to the SDM and police after the man backed out, but the parties settled the dispute during enquiries and she initially chose not to pursue the case.