'Changing Partner In Every Season No Hallmark Of Stable Society, Systematic Design Working To Destroy Marriage Institution In India': Allahabad HC

Granting bail to a man accused of raping his live-in partner, the Allahabad High Court on Tuesday observed that a systematic design is working to destroy the institution of marriage in India and that films and TV serials are contributing to the same.

Opining that the brutish concept of "changing partners in every season" cannot be considered to be a hallmark of a "stable and healthy" society, the Court stressed that the security and stability that the institution of marriage provides to an individual, cannot be expected from 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 the institution of marriage. We are proceedings to create a great problem for us in future...Infidelity to a partner in a married relationship and having a free live-in-relationship are being shown as signs of a progressive society. The youth gets attracted to such philosophy being advanced unaware of the long-term consequences" the bench of Justice Siddharth remarked.

Importantly, the Court was also of the view that a person not having cordial family relationships cannot contribute to the progress of the nation. Referring to live-in relationships, Justice Siddharth also pointed out that hopping from one relationship to another does not lead to any fulfilling existence and the children born from such relationships face a lot of problems.

"When their parents separated, they became a burden on society. They fall into the wrong company and a national loss of good citizens occurs. In the case of a female child born out of live-in-relationship, there are other ill effects which are too obvious to be elaborated on. Courts came across such cases daily," the bench added.

The bench was also of the view that though such relationships appear to ve very attractive and lure the youth, however, as time passes, the middle-class social morality/norms start staring in their face and thereafter, such couples realize that their relationship has no social sanction and it cannot continue for life.

The Court made these observations in the case while granting bail to one Adnan (Accused) who was arrested on April 18, 2023, on the charges of resiling from his promise to marry his live-in partner.

Essentially, it was the case of the victim, a 19-year-old girl (as per the ossification test report), whom the applicant befriended, they had a live-in relationship for one year and they entered into a physical relationship with mutual consent and when she got pregnant, he refused to fulfil his promise to marry her and hence, she alleged that the boy had committed rape on the false promise of marriage.

After hearing the rival contentions, the Court found that this was another case where "after enjoying the live-in relationship" the young couple had parted ways. The Court noted that the victim girl, like in the majority of the cases, lodged the FIR in a vain bid to enter into a secure relationship of marriage with the applicant and come within the ambit of the socially accepted norms and relationship of marriage.

The Court further opined that after the breakup, it becomes difficult for the female partner to face society as the middle-class society does not look upon such separated females as being normal.

"From social ostracisation to indecent public comments become part of her post-live-in relationship ordeal", the Court added as it noted that in such cases, the victim girls somehow try to get the relationship converted into a relationship of marriage having the social sanction and in a bid to do this, such FIRs are lodged. 

The Court also stressed that middle-class morality cannot be ignored in a country like ours as our country mostly consists of the middle class.

Notung that the stability, social, political and economic of a nation depends on the size of the middle class only, the Bench pointed out that most of the problems being faced by Pakistan are mainly due to the lack of a middle class.

"The absence of middle class and middle-class morality in Pakistan is ample testimony of the social, political, religious, ethical and other types of unrest. Most of the problems being faced by Pakistan are mainly due to the lack of a middle class. The middle class has a vested interest in maintaining social, political, religious and other orders of society since it has optimum means of fair survival and it does not want that it should be deprived of the same. Pakistan consists mostly of the highest class and poor class. The middle class is not much in that country," the bench remarked.

Against this backdrop, the Court granted bail to the applicant on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Case title – Adnan vs. State Of U.P. And 3 Others [CRIMINAL MISC. BAIL APPLICATION No. - 27288 of 2023]

Case Citation: 2023 LiveLaw (AB) 300

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