India

‘Live-in relationships are a systematic attempt to undermine the institution of marriage’: Allahabad High Court

The Allahabad High Court emphasised the problem with “live-in” relationships and declared that there was a “systematic design to destroy the institution of marriage in India.” The court noted that the stability that the institution of marriage guarantees cannot be expected in a live-in relationship when giving bail to a man from Saharanpur in Uttar Pradesh who was accused of rape by his live-in spouse.

“The British concept of changing partners every season cannot be considered to be a hallmark of a stable and healthy society,” Justice Siddharth said.

Women experience more problems in live-in relationships

Women experience more problems in live-in relationships, Justice Siddharth added in an order on Tuesday. Women who leave these relationships struggle to locate compatible male companions, and these effects also have an impact on any children that may have resulted from such relationships.

The High Court’s findings followed a case in which a man from Saharanpur was accused of rape by his live-in girlfriend, a 19-year-old woman who fell pregnant during an ostensibly consensual relationship. After the man declined to propose to marry her, she moved to the police.

“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.” The HC reported via Live Law while granting bail to the accused.

live-in

The court said, “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.”

“Live-in relationship shall only be considered normal after the institution of marriage becomes obsolete in this country, like in many of the so-called developed countries” the court further added that it has become a “big problem for them (developed countries) to protect the institution of marriage.”

Relevantly, the court emphasised that a country’s social, political, and economic stability depend on its moral middle class population.

Regarding this, the Court remarked that “for the highest class there is no morality and the lowest class cannot afford to follow the same due to compulsions of poverty.”

“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,” the court said.

Although society and the conservative nature of the rich Indian culture oppose live-in relationships, they are not entirely illegal in the Indian Republic.

If the person you move in with is the right one, your entire life will be fortunate; however, if they are not, your entire life will be doomed. While the court takes the necessary action, it also warns us of the hidden risks.

Find the attachment below to read the Allahabad High Court order.

Please, also have a look into : 8 Films on same-sex relationships will be shown in West Bengal schools to promote inclusiveness amongst youth

Dr. Shubhangi Jha

Avid reader, infrequent writer, evolving

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