In a significant ruling, the Calcutta High Court’s Jalpaiguri circuit bench has clarified that a consensual physical relationship between two married adults cannot be considered criminal misconduct—even if one party later alleges they were misled by a false promise of marriage.
Justice Bibhas Ranjan De, delivering the verdict on Friday, emphasized that the relationship in question was founded on mutual consent, with both individuals fully aware of each other’s marital status. The judge concluded that the consent was not obtained through coercion or deception.
The case involved a married woman who accused a married man of engaging in a physical relationship with her under the pretext of marrying her. According to the complaint, filed on September 8, 2024, the two had been involved in a consensual extramarital affair lasting two years. When the woman’s husband discovered the affair and initiated separation proceedings, she allegedly demanded that the man marry her. Upon his refusal, she filed a criminal complaint.
However, the court found no evidence supporting claims of deceit or malicious intent. Justice De ruled out charges under Sections 69 (sexual intercourse by deceit) and 351(2) (criminal intimidation) of the Indian Penal Code, stating that both parties were fully aware of their marital obligations and had entered the relationship by choice.
The court's decision reinforces the legal importance of mutual consent and personal agency in adult relationships. It sets a precedent that consensual intimacy between married adults—absent proven deceit—does not constitute a criminal offense, even in complex personal circumstances.
(This story is published from a syndicated feed)