Supreme Court Says Pre-Marital Physical Relationships Require Caution: “Don’t Trust Anybody Before Marriage”
Bench Observes Boy and Girl Are Strangers Until Marriage
Remarks Made During Bail Plea in Rape-on-Promise Case
By Legal Reporter
New Delhi: February 17, 2026:
The Supreme Court of India has advised caution in pre-marital physical relationships, stating that “nobody should trust anyone before marriage.” The oral remarks were made on February 16, 2026, by a bench comprising Justice B.V. Nagarathna and Justice Ujjal Bhuyan, while hearing a bail plea in a case involving allegations of rape on the false promise of marriage. The court’s observations have sparked debate on morality, consent, and the role of law in regulating intimate relationships.
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The Case: Bail Plea in Rape-on-Promise Allegation
The case involved a woman who alleged that she was sexually exploited by a man who promised marriage but later backed out. The bench questioned the circumstances, including her decision to travel abroad with the accused, and noted signs of a consensual relationship.
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The judges remarked that before marriage, a boy and girl are “total strangers” in the eyes of law, and entering physical intimacy without marital commitment can lead to complications.
Court’s Observations
Key points from the bench’s oral remarks:
- Caution in pre-marital ties: Individuals should be careful before entering physical relationships outside marriage.
- Legal strangers until marriage: Emotional closeness does not change the legal status of a man and woman before marriage.
- Consensual relationships vs. criminal trials: The court expressed concern about consensual relationships being turned into prolonged criminal cases.
- Old-fashioned but relevant: Justice Nagarathna noted, “We may be old-fashioned, but a boy and girl before marriage are strangers.”
Wider Context: Law and Morality
The ruling reflects a continuing tension in Indian jurisprudence:
- Consent vs. promise of marriage: Courts often face cases where consensual relationships later become disputes when marriage does not materialize.
- Criminalization of intimacy: Allegations of rape on false promise of marriage have increased, raising questions about misuse of law.
- Social expectations: The court’s remarks highlight the moral dimension of relationships in Indian society, where marriage remains the legal and cultural benchmark.
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Reactions to the Remarks
- Supporters: Some legal experts argue the court is right to caution individuals, as false promises of marriage can lead to exploitation.
- Critics: Women’s rights groups warn that such remarks may reinforce patriarchal norms and undermine the autonomy of consenting adults.
- Public debate: The comments have triggered discussions on whether courts should make moral observations while deciding legal issues.
Implications for Future Cases
The Supreme Court’s stance may influence how lower courts handle similar cases:
- Greater emphasis on distinguishing consensual relationships from criminal exploitation.
- Possible encouragement of mediation instead of prolonged trials in cases involving mutual consent.
- Reinforcement of the idea that marriage remains the legal safeguard for intimate relationships in India.
Conclusion
The Supreme Court’s cautionary remarks on pre-marital physical relationships underline the complex intersection of law, morality, and personal freedom. While the court stressed that individuals should not trust anyone before marriage, the broader debate continues how the justice system should balance consent, autonomy, and protection against exploitation. The case serves as a reminder that legal interpretations of intimacy remain deeply influenced by societal values.
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