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Madhya Pradesh High Court noted that Supreme Court has emphasised on the broad interpretation of the term “wife” under Section 125 of CrPC and the presumption of marriage in cases of long cohabitation.
Madhya Pradesh High Court expresses concern on the choices that the youngsters are making these days and advice the need for discretion and awareness of societal implications.
A quick legal roundup to cover important stories from all High Courts this week.
Allahabad High Court clarified that it is not against live-in relationships, but against illegal relations
Sexual violence against a woman should invite no tolerance, however, manipulating the system by the parties to a case under Section 376 IPC would equally need to be dealt with a stern hand and serious efforts should be made to address and remedy failings within the criminal justice system and through our society.
Punjab and Haryana High Court regarded the instant petition as a scheme to get away from criminal prosecution, just to obliquely obtain the seal of this Court on their conduct.
“The objectivity of the judges is the key to fairness of justice and the decisions have to be objectively determined according to the law of land and not by moral principles of the judge concerned.”
Punjab and Haryana High Court tagged the instant petition to be an abuse of the legal process for covering up the petitioners’ illicit relationship on being caught.
Allahabad High Court said that in case any disturbance is caused in the peaceful living of the petitioners, the petitioners shall approach the Superintendent of Police with a copy of this order, who shall provide immediate protection to the petitioners.
“The british concept of changing partner in every season cannot be considered to be hallmark of a stable and healthy society. The security and stability which the institution of marriage provides to an individual’s life cannot be expected from live-in-relationship.”
“By no stretch of imagination, a girlfriend or even a woman who maintains sexual relations with a man outside of marriage in an etymological sense would be a ‘relative’.”
“If an order of the nature is declined that would have the impact of bastardising the minor girl child among the public.”
Supreme Court also considered the fact that the inter-faith couple had jointly approached the High Court seeking police protection.
Awareness has to be created in young minds not just from the point of view of emotional and societal pressures that Live -in relationships may create, but also from the perspective that it could give rise to various legal hassles.
Kerala High Court noted that the Family Court had no jurisdiction to entertain such a claim for divorce in the first place because the enactment was made for resolving disputes related to family affairs and marriage recognized by law.
Centre for women and child, NLU Visakhapatnam, is inviting for a Two day National Seminar on “Live-in-Relationship”: Impact on Family Laws in India
In the case at hand, the date of birth of both the petitioners showed them to be major and they claim their decision live together to be based upon voluntarily will/option.
Punjab and Haryana High Court: While deciding the instant petition preferred by the petitioners to seek protection from the threats
“It would be an injustice to separate or to divide a well knitted family unit.”