NEW DELHI: A woman who is already married to someone else cannot claim to have been induced into a sexual relationship under false pretext of marriage, the Delhi High Court has said while quashing a rape case against a man, also married, by his live-in partner.
Justice Swarana Kanta Sharma, in an order released on Thursday, noted the case involved two individuals who were both ineligible to lawfully marry each other but were living together pursuant to a "live-in relationship agreement", and the protection and remedies available under Section 376 (punishment for rape) of the Indian Penal Code cannot be extended to such a "victim".