The Supreme Court on Monday questioned how two people could indulge in a physical relationship before marriage, even if consensual, while hearing a bail application in a rape case involving alleged false promise of marriage.

The bench comprising Justices BV Nagarathna and Ujjal Bhuyan was hearing the case of a man accused of rape on the pretext of marriage.

"It's consensual. We may be old-fashioned but a boy and girl before marriage are total strangers. They should be circumspect in indulging in physical relationships before marriage," the bench observed.

Justice Nagarathna further stated: "Whatever may be the thick and thin of their relationship, we fail to understand how they can be indulging in physical relationship before marriage. Maybe we are old-fashioned but you must be very careful, nobody should believe anybody before marriage."

The woman's counsel submitted that the two met through a matrimonial website in 2022. The accused allegedly entered into a physical relationship with her on several occasions in Delhi and later in Dubai on false assurance of marriage.

In her complaint, the woman alleged that the man persuaded her to travel to Dubai, established physical relations on false promise of marriage, recorded intimate videos without consent, and threatened to circulate them. She later discovered he had married another woman in Punjab in January 2024.

Both the trial court and Delhi High Court rejected the accused's bail plea. The High Court observed that the promise of marriage appeared false from the outset, especially since he was already married.

"She should not have gone before marriage if she was so strict about it. We will send them to mediation. These are not cases which are to be tried and convicted when there is consensual relationship," Justice Nagarathna said.

The bench suggested compensation and asked both counsels to explore settlement. The case is posted for Wednesday.