No Cognisable Offence in Refusal to Marry After Live-In, Says Allahabad HC
Prayagraj, September 15, 2025: The Allahabad High Court has ruled that refusal to marry after four years of a consensual live-in relationship does not amount to a cognisable offence, including rape.
The order came on a petition filed by a woman who had challenged the dismissal of her complaint by the Additional District and Sessions Judge, Mahoba, on August 17, 2024, against her live-in partner.
Court’s Observations
Justice Arun Kumar Singh Deshwal observed that when two “able-minded adults” live together for several years, the presumption is that they entered into the relationship voluntarily, with complete awareness of its implications.
The court held that in such cases, alleging a promise of marriage cannot be accepted unless it is specifically shown that the physical relationship happened solely because of such a promise.
“If two able-minded adults reside together as a live-in couple for more than a couple of years and cohabit with each other, a presumption would arise that they voluntarily chose that kind of a relationship fully aware of its consequences,” the court noted.
Submissions by the Counsel
The man’s lawyer, Sunil Choudhary, argued that both parties had initially agreed to marry but later developed differences, leading to the withdrawal of the marriage plan. The woman had earlier approached authorities with her grievance, but eventually, both parties resolved their issues amicably.
He further pointed out that their live-in relationship was publicly acknowledged at their workplace (Tehsil), which showed that it was consensual and not hidden.
Court’s Decision
The High Court concluded that no cognisable offence was made out against the man. It emphasised that a consensual, long-term live-in relationship, even if it ends without marriage, cannot automatically be treated as rape merely because of a broken promise to marry.
Case Title: Km Neha @ Neha Anuragi vs State of U.P. and Another
Criminal Revision No.: 4743 of 2024
Counsel for Revisionist: Bhaskar Bhadra, Rajveer Chaurasiya
Counsel for Opposite Party: G.A., Sunil Choudhary
