The judge remarked that with this paradigm shift in adult romantic relationships, if couples break up and marry others, it need not always be the case that one person was coerced into sex on false promise to marry.
“Now we find young men and women living together, enjoying relationships and as in the foreign countries, it is only after they understand the physical and mental compatibility that they decide to get married. At a later stage if they realise that they are incompatible, they both may leave the relationship and be by themselves. There might be situations where once person may like to continue in the relationship but the other does not. But all of these are not situations which will amount to a case of rape. It may be a breach of promise but breach of promise is not rape,” the Court orally observed.
In such case, the crucial aspect to be considered is whether consent for sexual intercourse was obtained on the promise of marriage, the single-judge underscored.
Source: Barandbench
