Introduction:

In the case of Y and others vs State Of Rajasthan and others, the Rajasthan High Court provided clarity on the legal implications of extra-marital relationships. The matter arose from a husband’s application seeking to recall a court order that quashed an FIR filed against individuals accused of abducting his wife. The Court, presided over by Justice Birendra Kumar, examined the applicability of statutory offences under Sections 494 and 497 IPC in cases of voluntary engagement in sexual relations outside marriage.

Arguments:

The husband contended that his wife’s admission of being in an extra-marital relationship constituted offences under Sections 494 and 497 IPC. Conversely, the respondents, including the wife, relied on her voluntary disclosure before the court, asserting that no abduction had occurred, and she was in a consensual relationship. The respondents cited relevant Supreme Court judgments, including S. Khushboo vs. Kanniammal & Ors (2010) and Joseph Shine vs. Union of India (2019), to argue that no statutory offence was committed in cases of consensual adult relationships outside marriage.

Court’s Judgment:

The Rajasthan High Court dismissed the husband’s plea, emphasizing that voluntary engagement in sexual relations outside marriage does not constitute statutory offences under Sections 494 and 497 IPC. Citing Supreme Court precedents, the Court reiterated that adultery under Section 497 IPC had been struck down, and living-in relationships do not fall under the purview of Section 494 IPC unless remarriage occurs during the lifetime of the spouse. The Court upheld the voluntary nature of the wife’s relationship with one of the accused, leading to the quashing of the FIR.