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There is systematic design to destroy institution of marriage, Hight Court on Live In Relationship [Read Order]

By LAWSTREET NEWS NETWORK      02 September, 2023 05:11 PM      0 Comments
There is systematic design to destroy institution of marriage, Hight Court on Live In Relationship [Read Order]

NEW DELHI: The Allahabad High Court has allowed a bail application filed by a man accused of raping his female live-in partner, highlighting security and stability of institution of marriage offered to the couples.

Justice Siddharth said the security, social acceptance, progress and stability which the institution of marriage provides to a person is never provided by live-in-relationship, which should only be considered as normal after the institution of marriage becomes obsolete in this country.

The court allowed bail to accused Adnan, saying this was another case where after enjoying the live-in-relationship the young couple had parted ways, and the girl, like in majority of cases, lodged FIR in vain bid to enter into secure relationship of marriage with the accused.

The court said that "on the face of it, the relationship of live-in sounds very attractive and lures the youth but as the time passes and middle-class social morality/norms start staring in their face, such couples gradually, realize that their relationship has no social sanction and it cannot continue for life".

The bench said in the majority of cases, break-ups take place between the couple after which it becomes difficult for the female partner to face the society.

The court further said the middle class society does not look upon such separated females as normal. From social ostracisation to indecent public comments become part of her post-live-in relationship ordeal which may lead to cases like the one at hand.

It said that the family members of such female live-in partners desperately try for their daughter/sister to get married to her male live-in partner.

"While it is not difficult to find another female live-in-partner or wife for the male counterpart of a live-in-relationship, it is very difficult for the 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," the court said.

The court also said there is no dearth of cases coming to the courts where the female partner of an erstwhile live-in-relationship commits suicide out of disgust caused by social ill behaviour.

Noting that in many of the so-called developed countries, it has become a big problem for them to protect the institution of marriage, the bench said, "we are proceedings to create a great problem for us in future" as well.

"There is systematic design to destroy the institution of marriage in this country and destablise the society and hinder the progress of our country. The films and the T.V serials being aired are contributing to eradicate of institution of marriage. The infidelity to a partner in married relationship and having free live-in-relationship are being shown as sign of progressive society," the court said.

The court said the youth gets attracted to such philosophy being advanced unaware of the long-term consequences.

"A person not having cordial family relationship cannot contribute to the progress of the nation. He/she has no anchor in life to bank upon. Hopping from one relationship to other does not lead to any fulfilling existence. The brutish concept of changing partners in every season cannot be considered to be the hallmark of a stable and healthy society," the bench said.

The court felt that the security and stability which the institution of marriage provides to an individual's life cannot be expected from live-in-relationship.

The court also said the middle class morality cannot be ignored in country like ours. "Our country is mostly consisting of middle class. The stability, social, political and economic of a nation depends on the size of middle class only. The morality of the highest class and the lowest class has nothing to do with same since morality dies in riches and chokes in poverty," it said.

[Read Order]

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