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S. Khushboo vs Kanniammal & Anr on 28 April, 2010

10. Evidently as noticed in S. Khushboo Vs. Kanniammal & Ors., (supra), no statutory offence takes place when adults willingly engage in sexual relations outside the marital setting. Exception was adultery under Section 497 IPC, which has already been struck down. Likewise, offence under Section 494 IPC is not made out as it is not the case of the parties that anyone has (Downloaded on 21/03/2024 at 08:47:32 PM) [2024:RJ-JP:13084] (5 of 5) [CRLMA-358/2022] remarried during the lifetime of husband or wife. Unless marriage is pleaded and proved only marriage like relationship such as living-in-relationship would not come within the mischief of Section 494 IPC.
Supreme Court of India Cites 42 - Cited by 1300 - B S Chauhan - Full Document

Navtej Singh Johar vs Union Of India Ministry Of Law And ... on 6 September, 2018

4. This Court considered the dictum in Navtej Singh Johar Vs. Union of India (2018) 10 SCC 1 and Safi Jahan Vs. Asokan K.M. 2018(6) SCC 368, wherein the Hon'ble Supreme Court reiterated that constitutional morality ought to have precedence over societal morality. Hon'ble Supreme Court had elaborately discussed right of privacy of an individual and its extent.
Supreme Court of India Cites 153 - Cited by 923 - Full Document

Lata Singh vs State Of U.P. & Another on 7 July, 2006

"21. While it is true that the mainstream view in our society is that sexual contact should take place only between marital partners, there is no statutory offence that takes place when adults willingly engage in sexual relations outside the marital setting, with the exception of `adultery' as defined under Section 497 IPC. At this juncture, we may refer to the decision given by this Court in Lata Singh Vs. State of U.P. & Anr., AIR 2006 SC 2522, wherein it was observed that a live-in relationship between two consenting adults of heterogenic sex does not amount to any offence (with the obvious exception of `adultery'), even though it may be perceived as immoral. A major girl is free to marry anyone she likes or "live with anyone she likes". In that case, the petitioner was a woman who had married a man belonging to another caste and had begun cohabitation with him. The petitioner's brother had filed a criminal complaint accusing her husband of (Downloaded on 21/03/2024 at 08:47:32 PM) [2024:RJ-JP:13084] (4 of 5) [CRLMA-358/2022] offences under Sections 366 and 368 IPC, thereby leading to the commencement of trial proceedings. This Court had entertained a writ petition and granted relief by quashing the criminal trial. Furthermore, the Court had noted that `no offence was committed by any of the accused and the whole criminal case in question is an abuse of the process of the Court'. "
Supreme Court of India Cites 7 - Cited by 17945 - M Katju - Full Document
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