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'We're old-fashioned': SC advises caution in physical relations before marriage 
The court was hearing a bail plea of a man accused of rape

'We're old-fashioned': SC advises caution in physical relations before marriage 

Feb 16, 2026
05:51 pm

What's the story

The Supreme Court has advised caution in indulging in pre-marital physical relationships, stressing that a boy and girl are essentially strangers before marriage. The court was hearing a bail plea of a man accused of rape on a false promise of marriage. Justice BV Nagarathna, who was hearing the plea along with Justice Ujjal Bhuyan, said, "You must be very careful, nobody should believe anybody before marriage."

Bench

'Fail to understand how...'

"Maybe we are old fashion but before marriage a boy and a girl are strangers. Whatever may be the thick and thin of their relationship. We fail to understand how they can be indulging in physical relationship before marriage. Maybe we are old fashioned...You must be very careful, nobody should believe anybody before marriage," Justice Nagarathna said.

Case background

What is the case about?

The case pertains to a man who allegedly promised to marry a woman, establishing physical relations with her in Delhi and Dubai. The complainant, aged around 30, had met the petitioner on a matrimonial website in 2022. She alleged that he recorded intimate videos without her consent and threatened to circulate them if she resisted. The complainant later discovered that the petitioner was already married and that he had married again on January 19, 2024, in Punjab.

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Marriage revelations

Why did she travel to Dubai, asks Justice Nagarathna

During the hearing, Justice Nagarathna questioned why she traveled to Dubai before marriage if she was strict about it. The court suggested mediation for both parties involved in this case instead of trial and conviction. "She should not have gone before marriage if she was so strict about it. We will send them to mediation. These are not cases which are to be tried and convicted when there is consensual relationship," Justice Nagarathna said.

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Bail rejection

Sessions court, Delhi HC had dismissed bail applications

The Sessions Court and Delhi High Court had earlier dismissed the petitioner's bail applications. The high court had rejected bail on November 18, 2025, observing that the promise of marriage was false from inception. It also noted that consent obtained on a false promise could be vitiated if made in bad faith without intention to marry.

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