The Delhi High Court has refused to keep live-in relationships outside the purview of rape under the IPC, saying it would amount to giving them the status of matrimony, which the legislature has chosen "not to do". The court made the observation while hearing a PIl, which had sought direction to the Government to keep the cases of live-in relationships outside the purview of offence of rape under the IPC.
"As far as the relief sought, of keeping the live-in relationships outside the purview of Section 376 (rape) of the IPC is concerned, the same would amount to giving the live-in relationships, the status of matrimony and which the legislature has chosen not to do," a bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw said.
"All that we can observe is, that a live-in-relationship constitutes a distinct class from marriage. It is also not as if the defence of consent would not be available in such cases to the accused. We do not find any merit in the petition and dismiss the same," the judge added.
The PIl also sought direction that the complaint lodged by a live-in partner should be registered under Section 420, not Section 376 got rejection from the bench