The Bombay High Court has dismissed a petition by a woman who claimed she was raped from 1987 to 2017 by a 73-year-old man, citing evidence that the relationship was consensual. The case, which was heard by Justices A.S. Gadkari and Neela Gokhale, raised significant legal and ethical questions about consent and the nature of long-term relationships.
The woman, whose identity remains confidential, alleged that she was coerced into a sexual relationship by the man, who was already married at the time. Over the course of 30 years, the two frequently met in various hotels around Mumbai. The relationship soured when the man allegedly refused to recognize her after a brief separation in 2017.
In court, the woman argued that she had been promised marriage and had even been given a ‘mangalsutra’ in 1993, symbolizing their union. She claimed that upon attempting to return to work in September 2017, after taking leave to care for her ill mother, she found the office closed and the man unresponsive to her attempts at communication.
The justices, however, found that the FIR and additional evidence presented did not support the allegations of rape. They noted that the woman had been an adult capable of understanding her actions throughout the duration of the relationship. The court highlighted that there was no complaint from her side for 30 years, questioning the timing of her allegations.
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The ruling emphasized that the relationship was entered into and continued with mutual consent. The court pointed out that any grievances about the relationship not leading to marriage were not grounds for rape charges, especially given the knowledge that the man was already married.
