Live-in relationships are not common in India unlike in Western countries, and people should respect the traditions and culture followed in India, the Allahabad High Court recently observed.Justice Shamim Ahmed made the observation while dismissing a habeas corpus petition filed by a 32-year-old man (the petitioner) who alleged that his partner, a 29-year-old woman, was being forcefully detained by her family.The Court, however, was not convinced by the petitioner's version of events. Referring to certain arguments made by the petitioner's counsel, the judge also observed that live-in relationships are not common in India.This Court is of the view that we are not living in a Western country where this type of relationship is very popular and common among the citizens. We live in country where people believe in culture and traditions, which is the crown of our country and we are proud of it, therefore, we have to respect the traditions and culture of our country," the Court said in its January 11 order.
The Court further concluded that the habeas corpus petition was only meant to defame the girl and her family in society. The judge opined that the petition was only filed to extract some sort of compromise from the woman's family by putting them under pressure and fear of insult.This Court does not find any justification to entertain this type of petition and to frustrate this type of petition filed by any such person in future only with the intention to defame the image of a girl or her family members, who are living in a society and if the Court entertains this type of petition, the image and reputation of family members as well as of the girl will certainly be demolished and it will be very difficult for a family who has been roped in these type of cases to solemnize the wedding of their girl in future to any other family of their choice," Justice Ahmed observed.The Court, therefore, dismissed the habeas corpus petition and also imposed costs of ₹25,000 on the petitioner. In his petition, 32-year-old, Ashish Kumar (petitioner) alleged that he had been in a relationship with the detenue since 2011.It was further claimed that though the couple wanted to marry, the union was opposed by the woman's family owing to which she was forcefully detained at home and prevented from meeting Kumar.Kumar also submitted certain photographs and a letter purportedly written by the allegedly detained woman to support these claims.
These submissions were opposed by the State which claimed that the entire case was false, fabricated and intended to tarnish the reputation of the woman and her family in society.The Court found merit in the State's stance. The judge opined that the photographs produced by the petitioner appeared to be manipulated and altered and that the letter purportedly written by the woman seemed to be forged.The Court also questioned why the couple did not marry despite allegedly being in a relationship for the past thirteen years.The Court further pointed out that Kumar's writ petition did not mention the existence of any live-in relationship, prompting the Court to conclude that the petitioner's arguments before the Court were later strategically crafted to secure a favorable court order.The Court proceeded to dismiss the plea, adding that entertaining such petitions could create difficulties for the families involved when it comes to arranging weddings for their daughters in the future.Advocate Rajiv Dubey represented the petitioner. Additional Government Advocate Ashok Kumar Singh appeared for the State.
TAGS: Allahabad High Court live-in relationships India culture traditions habeas corpus petition
