Can ‘Consensual’ Relationship Be Treated As ‘De Facto Marriage’ In View Of Long Cohabitation Between Rape Accused And Victim?

Aloka Kumar vs The State of Karnataka & Ors

Supreme Court

02/07/2018

SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 19531/2018

About/from the judgment:

The bench observed: “During the course of hearing, one of the question which has been taken up for consideration whether, on account of long cohabitation, even if the relationship is held to be consensual and the petitioner is not held liable for the offence alleged, the petitioner can be fastened the civil liability treating the relationship to be de facto marriage in view of long cohabitation. This interpretation may have to be considered so that a girl is not subjected to any exploitation and is not rendered remediless even if a criminal offence is not made out. Somewhat identical issue has been subject matter of consideration in several decisions, including Vidhyadhari versus Sukhrana Bai1; Pyla Mutyalamma Alias Satyavathi versus Pyla Suri Demudu; Chanmuniya versus Virendra Kumar Singh Kushwaha and Badshah versus Urmila Badshah Godse.”

Read the Judgment

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