Single-judge Justice Rahul Chaturvedi observed that live-in relationships Section 498A have silently sneaked into our socio-cultural ethos, replacing traditional marriages and it is a ground reality that one has to accept.
Live-in relationships replacing traditional marriages: Allahabad High Court
Monday, the Allahabad High Court ruled that the abuse of Section 498A of the Indian Penal Code (IPC) has an influence on the conventional institution of marriage and that live-in relationships, which are devoid of legal burden, are replacing traditional marriage [Mukesh Bansal v State of UP].
Single-judge Justice Rahul Chaturvedi noted that live-in partnerships have replaced traditional weddings in our socio-cultural ethos and that this is a ground fact that must be accepted.
It is an alternative to traditional marriage in which an unmarried couple lives together without marrying, free from the legal consequences, commitment, and duties of marriage.
“In actuality, this is an offshoot of traditional Indian marriage designed to safeguard the couple from dangers, legal issues, and squabbling.
The two young couples consent to a sexual and romantic connection.
If section 498-A of the Indian Penal Code continues to be abused in such a blatant and thoughtless manner, the customary aroma of our age-old institution of marriage would eventually go entirely “the court said.
The judge stated that it was a consensual arrangement when an unmarried man or woman in a sexual and romantic relationship chose to live together under one roof.
“Appears to be an alternative or substitute for traditional marriage in which an unmarried couple lives together without marrying, free from its legal consequences, commitment, and duties.”
The High Court made these observations while imposing a spate of safeguards to avoid the abuse of Section 498A given the increasing inclination to prosecute the spouse and his family members using broad and vague claims.
In its ruling, the court stipulated that no arrest or coercive action should be taken against the accused for two months following the filing of a First Information Report (FIR) under the provision and that the problem should be submitted to a Family Welfare Committee during this time (FWC).
No arrest while 2 -month ‘cooling period’ for FIR under sec 498A: Allahabad HC
After the filing of a first information report (FIR) under Section 498A (punishment for cruelty by husband and his family) of the Indian Penal Code (IPC), the Allahabad high court has ruled that no arrests should be made for two months.
It further said that during this period, the problem must be immediately reported to the Family Welfare Committee (FWC) to reconcile marriage conflicts.
The court also made it plain that only those marriage disputes involving Section 498-A IPC and other sections of the IPC in which the punishment is less than 10 years and the woman was not physically harmed will be submitted to the FWC.
Monday, Justice Rahul Chaturvedi issued a decision regarding the revision plea brought by the complainant’s father-in-law, mother-in-law, and spouse appealing the dismissal of their discharge motion by the lower court.
The wife of Sahib Bansal filed a police report against her husband and in-laws, stating that they subjected her to abuse and that her husband sexually assaulted her.
After the filing of the indictment against the accused, the trial commenced at the lower court where the accused had filed a motion for discharge.
