While granting bail to a man accused of sexually exploiting a woman under the false promise of marriage, the Allahabad High Court recently observed that live-in relationships remain at odds with the "settled law in the Indian Middle Class Society."
Justice Siddharth, presiding over the matter, expressed concern over the rising number of such cases, remarking:
“After live-in relationship has been legalized by the Apex Court, the Court [is] fed up with such cases. These cases are coming to the Court because the concept of live-in relationship is against the settled law in the Indian Middle Class Society.”
The Court further noted the gendered consequences of such relationships, observing that while men often move on or even marry after the relationship ends, women are left at a social disadvantage, finding it more difficult to secure a life partner.
The observations came in a case involving Shane Alam, who is facing charges under various provisions of the Bharatiya Nyaya Sanhita (BNS) and the Protection of Children from Sexual Offences (POCSO) Act. He was accused of engaging in a physical relationship with the prosecutrix under the false pretext of marriage and later refusing to marry her.
The informant’s counsel argued that the accused had “ruined the prosecutrix’s entire life,” contending that societal stigma would make it difficult for her to find a husband.
Taking note of these submissions, the Court acknowledged that while live-in relationships may appeal to younger generations, their aftermath often surfaces in legal disputes like the present one.
Despite these concerns, the Court granted bail to the accused, citing several mitigating factors: his incarceration since February 25, the absence of prior criminal antecedents, the nature of the allegations, and the issue of overcrowding in prisons.
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