The Allahabad High Court has termed live-in relationships as a "brutish concept" and said such relationships cannot provide the stability, security, and social acceptance associated with marriages.
In an order on Tuesday, the Allahabad High Court also said that women have more issues in a live-in relationships. After coming out of such relationships, women have difficulties in finding male partners and such consequences extend to children born out of such relationships as well, said the High Court.
Justice Siddharth further said that live-in relationships cannot make a society healthy and stable and the "brutish concept of changing partners in every season cannot be considered to be the hallmark of a stable and healthy society".
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The judge made these comments in a case in which a woman had accused her former live-in partner of rape on the false promise of marriage. The woman had become pregnant during the course of the relationship and the accused had refused to marry her. In its order, the High Court granted bail to the accused and remarked that the case was among the couple part ways "after enjoying the live-in relationship", according to Live Law.
While slamming live-in relationships, the High Court said that there is a "systematic design to destroy the institution of marriage in India" and films and the television serials are contributing to eradicate of institution of marriage,
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On the issue of females and live-in relationships, Live Law quoted the HC as saying: "After break-up it becomes difficult for the female partner to face the society. The middle class society does not looks upon such separated female as normal. From social ostrication to indecent public comments become part of her post-live-in relationship ordeal...While it is not difficult to find another female live- in-partner or wife for the male counterpart of live-in-relationship, it is very difficult for female partner to find a male partner for marriage and the social middle class norms, irrespective of religion of the female partner, militate against her efforts to regain her social status...In the case of a female child born out of a relationship, there are other ill effects that are too obvious to be elaborated. Courts came across such cases daily"
The High Court further said that there is no dearth of cases female partners of a previous live-in-relationship dying by suicide "out of disgust caused by social ill behaviour", according to a copy of the order shared by Live Law.
The High Court further said that live-in relationships can only considered "normal" in India "after the institution of marriage becomes obsolete in this country" like in the West.
"Live-in-relationship shall only be considered as normal after the institution of marriage becomes obsolete in this country, like in many of the so called developed countries where it has become a big problem for them to protect institution of marriage. We are proceedings to create great problem for us in future," said the High Court.
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In the order, the judge also described live-in relationships as those where partners are "hopping from one relationship to other" and which don't lead to "any fulfilling existence".
While not explicitly addressed by any personal laws, a series of judgements had legalised live-in relationships, though there are several gaps in the jursprudence. In an earlier story, Outlook noted, "According to the SC judgment in Badri Prasad Vs Dy. Director of Consolidation (1978) live-in relationships in India are legal but subject to caveats like age of marriage, consent and soundness of mind...In 1978, the Supreme Court in Badri Prasad Vs Board of Consolidators ruled that a presumption of marriage arises if a man and a woman have lived as husband and wife for a long time."
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The Allahabad High Court has termed live-in relationships as a "brutish concept" and said such relationships cannot provide the stability, security, and social acceptance associated with marriages.
In an order on Tuesday, the Allahabad High Court also said that women have more issues in a live-in relationships. After coming out of such relationships, women have difficulties in finding male partners and such consequences extend to children born out of such relationships as well, said the High Court.
Justice Siddharth further said that live-in relationships cannot make a society healthy and stable and the "brutish concept of changing partners in every season cannot be considered to be the hallmark of a stable and healthy society".
Advertisement
Siddharth made these comments in a case in which a woman had accused her former live-in partner of rape on the false promise of marriage. The woman had become pregnant during the course of the relationship and the accused had refused to marry her. In its order, the High Court granted bail to the accused and remarked that the case was among the couple part ways "after enjoying the live-in relationship", according to Live Law.
While slamming live-in relationships, the High Court said that there is a "systematic design to destroy the institution of marriage in India" and films and the television serials are contributing to eradicate of institution of marriage,
Advertisement
On the issue of females and live-in relationships, Live Law quoted the HC as saying: "After break-up it becomes difficult for the female partner to face the society. The middle class society does not looks upon such separated female as normal. From social ostrication to indecent public comments become part of her post-live-in relationship ordeal...While it is not difficult to find another female live- in-partner or wife for the male counterpart of live-in-relationship, it is very difficult for female partner to find a male partner for marriage and the social middle class norms, irrespective of religion of the female partner, militate against her efforts to regain her social status...In the case of a female child born out of a relationship, there are other ill effects that are too obvious to be elaborated. Courts came across such cases daily"
Advertisement
The High Court further said that there is no dearth of cases female partners of a previous live-in-relationship dying by suicide "out of disgust caused by social ill behaviour", according to a copy of the order shared by Live Law.
The High Court further said that live-in relationships can only considered "normal" in India "after the institution of marriage becomes obsolete in this country" like in the West.
"Live-in-relationship shall only be considered as normal after the institution of marriage becomes obsolete in this country, like in many of the so called developed countries where it has become a big problem for them to protect institution of marriage. We are proceedings to create great problem for us in future," said the High Court.
Advertisement
In the order, the judge also described live-in relationships as those where partners are "hopping from one relationship to other" and which don't lead to "any fulfilling existence".
While not explicitly addressed by any personal laws, a series of judgements had legalised live-in relationships, though there are several gaps in the jursprudence. In an earlier story, Outlook noted, "According to the SC judgment in Badri Prasad Vs Dy. Director of Consolidation (1978) live-in relationships in India are legal but subject to caveats like age of marriage, consent and soundness of mind...In 1978, the Supreme Court in Badri Prasad Vs Board of Consolidators ruled that a presumption of marriage arises if a man and a woman have lived as husband and wife for a long time."
