38.6c New Delhi, India, Monday, June 17, 2024
Judiciary

Live-In Relationship Is An Imported Philosophy Contrary To The Indian Tenets: Chhattisgarh High Court [Read Judgment]

By Saket Sourav      16 May, 2024 12:43 PM      0 Comments
Live In Relationship Is An Imported Philosophy Contrary To The Indian Tenets Chhattisgarh High Court

Chhattisgarh: The Chhattisgarh High Court has recently held that the concept of a live-in relationship is an "imported" philosophy that goes against Indian tenets and is still viewed as a "stigma" in Indian culture. While rejecting the petition for a child born out of a live-in relationship, the court stated that live-in relationships are preferred over marriages because they offer a convenient escape when things don't work out between partners, unlike marriage, which is viewed as a social contract with legal obligations.

“We are conscious of the fact that the live-in relationship, which is being followed in certain sects of society, still continues with a stigma in Indian culture. A live-in relationship is an imported philosophy contrary to the general expectations of Indian tenets. No trick would be available to hide the spot. In Indian tradition, each citizen possesses a sense of self that is unique and unlikely to be confused with imported traditions. There cannot be a more inglorious object than to adopt a live-in relationship to destroy the interwoven culture in society and tradition,” the court said.

Further, the court, while emphasizing the Indian context, held that these relationships often place women in a disadvantaged position, as the man easily walks out of the live-in relationship. In contrast, due to the breakdown of relationships, women suffer far greater consequences, especially in the Indian context.

FACTS:

The court was hearing a petition filed by a man seeking custody of a child born out of a live-in relationship. The man had a live-in relationship with a woman, and they had a child together in 2021. The relationship turned sour, prompting the woman to leave with the child. The present appeal was filed after the Family Court, Dantewada, rejected the application for the custody of the child.

ARGUMENTS:

The counsel appearing for the applicant argued for the custody of the child and also argued that the marriage was performed under the Special Marriage Act of 1954, and that it was an interfaith marriage. Further, they also argued that since it was a valid marriage under Mahomedan law, the applicant should be the natural guardian of the child begotten out of such marriage. Whereas, the counsel for the respondent submitted that there is no pleading in the petition about how the marriage is valid and that the non-applicant did not convert her religion. Further, it was argued that when the first wife is living, the applicant cannot claim the second marriage as valid within the SMA of 1954, as a second marriage is not permissible thereto. Therefore, it was argued that the appellant cannot claim to be a legal guardian of the child.

DECISION:

The court, after hearing both parties and relying upon the judgment of the apex court in Ahmedabad Women Action Group v. Union of India, held that more than one marriage of a Muslim male under their personal law cannot be invoked before any court of law unless and until the same is pleaded and proved. Therefore, the court ruled that a Muslim male who is already married cannot contract another marriage without proving his personal custom or getting divorced. Further, the court also held that the contradictory statement which had been pleaded by the appellant before the family court itself goes to show that despite the fact he had a spouse living at the time of the second marriage, under the Act of 1954, he performed the second marriage which was ab initio void.

In conclusion, the court upheld the decision of the Family Court and rejected the petition filed by the man seeking custody of the child, while opining that it is very easy for a married man to walk out of a live-in relationship, and in such cases, the courts cannot shut their eyes to the vulnerable condition of the survivor of such distressful live-in relationships and children born out of such relationships.

[Read Judgment]



Share this article:

About:

Legal Content Writer



Leave a feedback about this
Related Posts
View All

Chhattisgarh High Court Affirms Lower Court Order; Dismisses Revision Petition Seeking Criminal Action against Aamir Khan Chhattisgarh High Court Affirms Lower Court Order; Dismisses Revision Petition Seeking Criminal Action against Aamir Khan

Bollywood actor Aamir Khan while supporting the artists who were returning awards given by the government to express their dissent made the remarks at the Ramnath Goenka Award Ceremony in 2015 had irked many. Owing to which a criminal petition was filed against the superstar. Chhattisgarh High Court Affirms Lower Court Order; Dismisses Revision Petition Seeking Criminal Action against Aamir Khan.. Chhattisgarh High Court, Aamir Khan, Lower Court Order, Revision Petition, Criminal Action

Chhattisgarh High Court quashes FIRs registered against BJP National Spokesperson Dr. Sambit Patra and Tajinder Pal Singh Bagga Chhattisgarh High Court quashes FIRs registered against BJP National Spokesperson Dr. Sambit Patra and Tajinder Pal Singh Bagga

one of the essential and basic ingredients of the above-stated offences of involvement of two different religious groups", it added. Chhattisgarh High Court, Chhattisgarh High Court order, Chhattisgarh High Court judgement

SC sets free man from case under SC/ST Act as offence not committed due to caste [Read Judgment] SC sets free man from case under SC/ST Act as offence not committed due to caste [Read Judgment]

Supreme Court clears man in SC/ST Act case, stating offences must be caste-motivated for conviction under the Act.

SC to consider forming guidelines on trial for deaf-dumb people [Read Order] SC to consider forming guidelines on trial for deaf-dumb people [Read Order]

Supreme Court to consider guidelines for trials of deaf-dumb individuals, addressing fairness in cases like rape. Notice issued to Union and Chhattisgarh govt.

TRENDING NEWS


TOP STORIES

plea-filed-in-sc-for-fresh-neet
Trending Judiciary
Plea filed in SC for fresh NEET

Plea filed in Supreme Court seeks fresh NEET-UG 2024 exams due to alleged paper leaks and malpractices. Petitioners demand a Special Investigation Team and preventive measures.

11 June, 2024 10:49 AM
plant-30-trees-delhi-hc-orders-senior-citizen-accused-of-outraging-womans-modesty
Trending Judiciary
'Plant 30 trees', Delhi HC orders senior citizen accused of outraging woman's modesty

Plant 30 trees Delhi High Court orders senior citizen accused of outraging womans modesty

11 June, 2024 11:17 AM
no-liability-under-ni-act-for-dishonoured-cheques-of-merged-banks-presented-after-validity-period
Trending Judiciary
No liability under NI Act for dishonoured cheques of merged banks presented after validity period [Read Order]

Allahabad High Court rules that dishonoured cheques from merged banks presented after the validity period won't attract liability under Section 138 of the NI Act.

11 June, 2024 11:29 AM
modi-30-cabinet-full-list-of-ministers-and-their-respective-portfolios
Trending Executive
Modi 3.0 Cabinet: Full list of ministers and their respective portfolios

Modi 3.0 Cabinet: Amit Shah, S. Jaishankar, Nirmala Sitharaman, and Rajnath Singh retain key roles; allies TDP, JD(U), LJP, JD(S) secure major ministries.

11 June, 2024 03:11 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email