(A) Code of Criminal Procedure, 1973 – Section 439 – Bail – Rape – POCSO – Victim major – Live in relation – Held: This is another case where after enjoying the live-in-relationship the young couple have parted ways. The girl, like in majority of cases, has lodged FIR in vain bid to enter into secure relationship of marriage with the applicant and come within ambit of the socially accepted norms and relationship of marriage. Keeping view the uncertainty regarding conclusion of trial – one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial. Bail granted. (Para 10, 15)
(B) Live in Relation – Wrong effects – Not social sanction and it cannot continue for life – Court commented on live in relationship – 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 not social sanction and it cannot continue for life. They start feeling that in the absence of social acceptance of their relationship, they cannot live a fulfilling and normal social life. Their children will also face social eradication and may blame them for life. Some fortunate ones, who are only exceptions, continue with the same or get married. In majority of cases the break-ups take place between the couple. (Para 11)
The family members of such female live-in partner desperately try that their daughter / sister gets 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 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. Exception apart, no family willingly accepts such a female as their family member. There is no dearth of cases coming to the courts where the female partner of an erstwhile live-in-relationship commit suicide out of disgust caused by social ill behaviour. (Para 12)
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. For the highest class there is no morality and the lowest class cannot afford to follow the same due to compulsions of poverty.
The security, social acceptance, progress and stability which the institution of marriage provides to a person is never provided by live-in-relationship. 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 proceedings to create great problem for us in future. There is systematic design to destroy the institution of marriage in this country and destablize 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 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 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 children born from such relationships face lots of problems. When their parents separate, they became burden on society. They fall in wrong company and national loss of good citizen occurs. In the case of female child born out of live-in-relationship there are other ill affects which are to obvious to be elaborated. Courts came across such cases daily.
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. (Para 13)
ALLAHABAD HIGH COURT
2023 STPL(Web) 117 Allahabad
[Neutral Citation No. -2023:AHC:174117]
Adnan Vs. State Of U.P. And 3 Others
Criminal MISC. Bail application No. 27288 of 2023-Decided on 29-8-2023
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