In a recent hearing, the Supreme Court of India made strong remarks to a woman who had filed a petition seeking the cancellation of anticipatory bail for a man she accused of rape under the false pretense of marriage. A bench of Justices M M Sundresh and N Kotiswar Singh, while hearing the case, pointed out that the woman, being married, may have also committed an offense by engaging in an extramarital affair.

The case arose from a complaint filed by the woman with the Bihar police, where she accused a man of sexually exploiting her by promising to marry her. The woman stated that she met the man through social media in 2016, and they had been in a relationship since then. She further claimed that under his pressure, she sought and obtained a divorce from her husband on March 6th of this year. However, after the divorce, the man refused to marry her, leading her to file the rape complaint.

During the proceedings, the Supreme Court questioned the woman's actions, noting her marital status and maturity. When her counsel argued that the man continued to have physical relations with her by falsely promising marriage, the bench responded, "You are a married woman and you have two children. You are a mature person, and you understand the relationship that you were building outside marriage". The court further inquired why she repeatedly went to hotels with the man at his request, suggesting she was aware of the implications of her actions. The court then warned her that she might face prosecution for having a sexual relationship outside of her marriage. Ultimately, the Supreme Court upheld the Patna High Court's decision to grant anticipatory bail to the accused.

The Supreme Court's observation comes in the context of the decriminalization of adultery in India. In 2018, the Supreme Court decriminalized adultery by striking down Section 497 of the Indian Penal Code, which had previously made it a criminal offense for a man to have sexual intercourse with another man's wife without his consent. The court reasoned that the law was discriminatory and violated the principles of equality and privacy. While adultery is no longer a criminal offense, it remains a valid ground for divorce under various personal laws in India. A spouse can seek a divorce if the other party has engaged in voluntary sexual intercourse with someone other than their spouse.

This stance highlights a crucial intersection between criminal and civil law within the Indian legal system. Even though a person cannot be criminally prosecuted for adultery, engaging in an extramarital affair can still have significant legal consequences, particularly in the context of divorce and related proceedings. The Supreme Court's remarks underscore that while personal freedoms are important, individuals must also be aware of the legal and social ramifications of their choices, especially within the bounds of marriage.