Youth Attracted To Live-In Relations Which Lack Social Sanction, High Time That We Save Moral Values In Society: Allahabad HC

A bench of Justice Nalin Kumar Srivastava added that we live in a changing society, where moral values and the normal conduct of the young generation in the family, society, or at their workplace are changing swiftly.

“So far as the live-in relationship is concerned, it has got no social sanction but since the youth is attracted to such relations because a young person, male or female, can easily escape from his / her liability to his / her partner, their attraction is rapidly increasing in favour of such relations. It is a high time when we all should think over it and try to find out some framework and solution to save the moral values in the society”, the bench remarked.

The bench observed thus while granting bail to a man booked under various sections of IPC and SC/ST Act on the allegations of establishing physical relations with the victim on the false pretext of marriage, and, subsequently, he refused to marry the victim. As per the FIR, the accused also terminated the pregnancy, abused her with caste-related remarks, and he also beat her.

Seeking bail in the case, he moved the HC, wherein his counsel argued that the prosecution story was false and fabricated as the victim of this case is a major lady and all the relations made between the two were consensual and the physical relations between them were never made or developed without the consent or free will of the prosecutrix.

It was also submitted that the victim was in a live-in relationship with the accused/appellant for a period of about 6 years, and the alleged fact of abortion was only a bald allegation.

It was also submitted that the accused never promised or assured to marry the aggrieved lady, and they had been in a relationship by mutual consent.

Against this backdrop, stressing the need to find some framework and solution to preserve the moral values in society, and considering that the prosecutrix is a major lady who was in a consensual relationship with the accused, the Bench granted bail to the accused.

“Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and also keeping in view that the prosecutrix is a major lady and the consensual relationship made between the two, the Court is of the opinion that the appellant has made out a case for bail,” the court remarked.