Unless marriage is pleaded and proved, only marriage-like relationship such as live-in-relationship would not come within the mischief of Section 494 IPC....
Digital desk: A recent ruling by the Rajasthan High Court declared that consenting to sexual relations outside of marriage between two adults was not illegal.
A man's petition alleging that three individuals kidnapped his wife was being heard by the court when the ruling was made. Nevertheless, the woman appeared in court, denying any kidnapping and claiming to have moved in with one of the defendants.
Judge Birendra Kumar stated during the decision that the exception was the adultery offense under Section 497 of the Indian Penal Code (IPC), but the Bar and Bench noted that the Supreme Court had previously ruled that this section was unconstitutional in 2018.
The man requested a recall of an order in which a court had quashed a false complaint under Section 366 of the IPC (kidnapping, abducting, or persuading a lady to compel her marriage). The man was imprisoned for a different offense and was unable to attend court.
In support of the man, advocate Ankit Khandelwal stated that the applicant's wife had acknowledged having an extramarital affair.
"Unless marriage is pleaded and proved, only marriage-like relationship such as live-in-relationship would not come within the mischief of Section 494 IPC," the high court stated. The court then rejected the plea after concluding it had no merit.
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