The Allahabad High Court recently observed that promoting live-in relationships through films, televisions, etc. is a ‘systematic design’ to destroy the institution of marriage in India.
Single-judge justice Siddharth said that the security, social acceptance, progress, and stability that the institution of marriage provides to a person can never be attained or even expected in live-in relationships.
These days, infidelity to a partner in a marital relationship and getting into live-in relationship are being portrayed as a sign of progressive society, due to which youth in the country are more attracted to it, lamented the Court.
The Court said, “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 proceeding to create great problem for us in future. There is systematic design to destroy the institution of marriage in this country and destabilize the society and hinder the progress of our country.”
The Court further opined that a person with no cordial family relationship cannot contribute to the progress of the nation.
The Judge also said, “He/she is having no anchor in life to bank upon. Hopping from one relationship to other does not leads to any fulfilling existence. The brutish 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.“
The judge also said that the social, political, and economic stability of a nation depends on the middle-class population as well as its morality.
The judge also said that the middle-class population and its morality play a crucial role in the social, political, and economical stability of a nation.
In the same context, the Court stated that “for the highest class there is no morality and the lowest class cannot afford to follow the same due to compulsion of poverty.“
It 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.“
The Court made these observations while granting bail to a person who was accused of rape on false promise of marriage.
The accused was alleged to befriend the victim and committed rape on her on false promise of marriage for around one year when they were in a live-in relationship.
It further said that on face of it, the live-in relationship sounds very attractive and lures the youngsters but with passing time, the middle class social morality/norms start staring at their face and such couples start realizing gradually that their relationship has no social acceptance and can’t be continued for life.
It went on to observe that post-break-up, life becomes so difficult for the female partner mainly to face society as the middle-class society doesn’t accept her as ‘normal’ again.
The Judge said, “From social ostracisation to indecent public comments become part of her post-live-in relationship ordeal. Then she somehow tries to get her live-in-relationship with the male partner get converted into relationship of marriage having social sanction.“
The Court also highlighted that the family members of such female live-in partners desperately try to get their daughter/sister married to her male live-in partner.
Justice Siddharth added, “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. They do consider a female coming out of such relationship as normal being.”
The Court also said that no family willingly accepts a woman with a history of live-in relationship as their family member.
The Bench mainly blamed films and TV Serials for contributing to the depreciation of the institution of marriage.
While referring to our neighbouring nation, Pakistan, the Court said the absence of middle-class and middle-class morality has resulted in social, political, and religious unrest in the country.
The Judge said, “Most of the problems being faced by Pakistan are mainly due to lack of middle class. Middle class has vested interest in maintaining social, political, religious and other orders of society since it has optimum means of fair survival and it does not wants that it should be deprived of the same. Pakistan consists mostly of highest class and poor class. Middle class is not much in that country.”
While granting bail to the accused, the Court also considered other factors such as “uncertainty regarding conclusion of trial”, “police’s one sided investigation”, “ignoring the case of the accused side” and overcrowding in jails.
Senior Counsel Sadrul Islam Jafri and Advocate SI Jafri appeared for the applicant. While Advocate Sushil Kumar Pandey represented the informant. And Advocate Afshan Shafaut represented the state.
Source: https://www.barandbench.com/news/systemic-design-destroy-institution-marriage-live-in-relationships-allahabad-high-court