# Kerala High Court: hiding live-in relationship is deceitful sex

2026-10-06T16:36:25+00:00 | Governance | Indian Opinion Desk

Corroboration: 2 independent outlets

The Kerala High Court has ruled that concealing a live-in relationship and a child from that relationship before fixing a marriage with another woman amounts to 'deceitful means' to obtain sexual consent under Section 69 of the Bharatiya Nyaya Sanhita (BNS). Justice A Badharudeen made the observation on 6 October while dismissing a man's appeal against the rejection of his anticipatory bail plea. The accused was booked under Sections 318(4) and 69 of the BNS and the SC/ST Prevention of Atrocities Act after a woman, a Scheduled Caste member, alleged that he suppressed his existing live-in relationship and a three-year-old child when their marriage was fixed. She claimed he compelled her to have sex in a Wayanad hotel on the premise of their proposed marriage. The court held that the allegations fall under the first limb of Section 69, which covers sexual intercourse through deceitful means, regardless of the accused's willingness to marry. LiveLaw and Bar & Bench reported that the court found a prima facie case, applied the bar on anticipatory bail under Section 18 of the SC/ST Act, and directed the accused to surrender.

## Indian Opinion Analysis

Both LiveLaw and Bar & Bench reported the same ruling with near-identical factual details and quotes from Justice Badharudeen's order, resulting in uniform straight coverage. The two reports differed only in minor framing: Bar & Bench highlighted the Rs 10 lakh the woman's family spent on the marriage-fixation ceremony, a detail LiveLaw omitted. LiveLaw focused more on the accused's legal arguments, including the contention that Section 69 requires retraction from a promise to marry, which the court rejected. The core legal principle, that concealment of a prior relationship and a child can constitute deceitful means under Section 69 BNS, is consistent across both outlets. The ruling leaves open how lower courts will apply this interpretation in similar cases involving pre-marital concealment and consent.

## Coverage

Coverage: 2 sources, 2 neutral
- livelaw.in (neutral report) <https://www.livelaw.in/high-court/kerala-high-court/kerala-high-court-section-69-bns-sex-deceitful-means-553377>
  Straight news report, no discernible slant
- barandbench.com (neutral report) <https://www.barandbench.com/news/hiding-live-in-relationship-child-from-prospective-bride-amounts-to-offence-of-sex-by-deceitful-means-kerala-high-court>
  Straight news report, no discernible slant

This brief was synthesised by AI from the 2 sources linked above, so one read covers every framing they carry.

Tags: A Badharudeen, Bharatiya Nyaya Sanhita, Kerala High Court, SC-ST Prevention of Atrocities Act, Wayanad
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License: Summary and commentary (c) Indian Opinion, reusable with attribution. Facts belong to the linked sources.
Cite: https://indianopinion.org/kerala-high-court-hiding-live-in-relationship-is-deceitful-sex/#story-in-brief

How this brief was made: an AI model read the reports linked above and wrote this summary and analysis, which were published automatically. Published briefs are sampled every hour by an automated quality check; the editor verifies its findings and approves corrections, and corrected briefs carry a dated correction line. Stance labels are editorial classifications of how each outlet framed this story, assigned by the same model, not ratings of the outlets. We do no original reporting. Methodology: https://indianopinion.org/ai-use-policy/
