The High Court of Delhi has said that the absence of a law making adultery an offence cannot provide 'blanket immunity' to spouses in extramarital relationship & leave the victim individuals without a remedy.In a judgement released on Friday, the HC said big is an offence against the conjugal right of the victim spouse and, in the face of a preference for live-in relationships, which is also recognised, due changing societal norms, law cannot be powerless against clandestine marriages & unions.Justice Swarana Kanta Sharma said it was crucial to ensure legal protection for those who have committed to the sanctity & values of marriage & the requirement of proving a second marriage for the offence of bigamy was 'dangerous for society & for the victim spouse'.'While people in today’s era may or may not agree to the relevance of the institution of marriage, but once legally married, the duty & the obligation by virtue of solemnization of marriage gives both the parties a new social & legal status,' the Court observed.It added, 'In essence, the absence of law making adultery an offence cannot provide individuals with a blanket immunity.. The Courts cannot afford to leave individuals without a legal remedy, especially those wives or husbands whose partners have entered into another marriage".The Court's observation came while dealing with a case in which the husband, during the subsistence of his first marriage, allegedly lived as a married couple with another woman & even had a daughter with her.The Court said although individuals in live-in relationships were legally protected, such safeguards must not come at the expense of the legal rights & protection afforded to spouses who are lawfully married.Justice Sharma said, "While recognizing & respecting the legal standing of live-in relationships & the individuals who opt for this lifestyle, it is crucial to strike a balance that ensures legal protection for those who have committed to the sanctity & values of marriage".The Court said that monogamy was a fundamental value & way of life under Hindu law and, while contemplating changes to legal frameworks, it was imperative to strike a delicate balance between upholding traditional values & responding to the evolving dynamics of contemporary society."The law cannot be powerless to stop, punish or limit clandestine marriages & unions when the first wife or husband are alive & the valid marriage subsists, as now a spouse performing a second clandestine marriage would not also be liable to punishment for adultery as it is no more an offence," said the judgeThe court observed that clandestine marriages are difficult to prove & the inability of a partner to prove performance of 'saptapadi' (seven rounds around fire) by the other partner for the second marriage should not be exploited as a 'clever tactic to circumvent the legal consequences of committing offence of bigamy'.
In the absence of sufficient proof of second marriage, the court said, it would be a 'travesty of justice' to let the husband escape liability towards the first wife & upheld the summons issued by the trial court to the husband for the alleged offence of bigamy."This Court takes cognizance of the fact that the inability of one partner to prove performance of saptapadi by the other partner while marrying for the second time during subsistence of first marriage, at the stage of summoning itself, especially when the other partner may have solemnized such marriage with the third person in secrecy, should not be exploited as a clever tactic to circumvent the legal consequences of committing offence of bigamy."The Court added, "While legal proceedings do involve strategic elements, such smart maneuvers should not be allowed to compromise the principles of fairness & justice".
TAGS: Delhi High Court Adultery Blanket Immunity
