The Uttarakhand High Court recently commented on the misuse of rape laws by women against their partners, noting a recent increase in such instances. Justice Sharad Kumar Sharma highlighted this concern while acquitting a youth in a rape case. The case was originally filed by the woman in 2020 and has now been settled.
The woman had filed a harassment complaint after her partner expressed his lack of interest in getting married. The couple had been in a relationship since 2005. The court’s decision drew attention to a similar reference from the Supreme Court in making its judgement.
The Supreme Court had previously stated that it cannot be classified as rape if a partner does not agree to marry after engaging in consensual intercourse. In the case filed by the woman in 2020, she and her partner had been in a consensual relationship for 15 years, during which they had engaged in consensual sexual activity.
The woman argued that they had both made a promise to each other that they would marry after securing jobs. She also accused her partner of marrying someone else while continuing their relationship. The court observed that despite knowing about the young man’s marriage, their relationship persisted, indicating mutual consent between both parties.