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The court's observation came while granting bail to a boy who married a 17-year-old girl and was subsequently apprehended under the POCSO Act.
The Supreme Court held that unmarried women in a consensual relationship, too, have the right to choose to abort a pregnancy between 20 and 24 weeks. Till now, only married women were entitled to such a provision under the Medical Termination of Pregnancy (MTP) Act
The court said a person is not required to see the Aadhaar card or the PAN card or verify his partner's date of birth from her school records before getting into a consensual physical relationship with her.
The case was of rape on the pretext of marriage, and the court was informed that the boy's father refused the marriage on grounds of an age and caste difference between the couple.
A sexual relationship between two willing adults will not amount to rape, unless the consent for sex was obtained by a fraudulent act or misrepresentation, Kerala High Court on Friday said while granting bail to a Central government Standing Counsel who was earlier arrested in a sexual assault case filed by his colleague. Consensual Sex Between Two Adults Under Pretext of Marriage is Not Rape, Says Kerala HC; Grants Bail to Accused Lawyer.