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Legal Live-in partners can’t complain of infidelity, says Delhi high court

Discussion in 'Breaking News' started by rajneesh madhok, Nov 13, 2010.

  1. rajneesh madhok

    rajneesh madhok India
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    A partner in a live-in relationship can walk out of it without any legal consequence and people cannot complain of infidelity if one partner in a live-in relationship ditches the other, the Delhi high court said today.

    "Live-in relationship is a walk-in and walk-out relationship," Justice SN Dhingra said while quashing criminal proceedings initiated by a woman against her live-in partner after he refused to marry her.

    "There are no strings attached to this relationship nor does this relationship create any legal bond between the parties," the justice said.
    "People who chose to have a live-in relationship cannot complain of infidelity or immorality as live-in relationships are also known to have been between a married man and unmarried woman or between a married woman and unmarried man."

    The court passed the order on a petition filed by a London-based lawyer, against whom a criminal complaint was filed by a woman with whom he had had a live-in relationship, seeking to quash proceedings against him.

    The petitioner, Alok Kumar, submitted that he refused to marry the woman as his parents were against the relationship.

    Granting relief to Kumar, the court said the first information report should be quashed to prevent misuse of the criminal justice system for personal vengeance of a partner in a live-in relationship.

    "It is a contract of living together which is renewed everyday by the parties and can be terminated by either of the parties without the consent of the other party and one party can walk out at will at any time," the court said.

    "Those who do not want to enter into this kind of relationship of walk-in and walk-out, they enter into a relationship of marriage where the bond between the parties has legal implications and obligations and cannot be broken by either party at will," the court said.


    Rajneesh Madhok
     
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  3. spnadmin

    spnadmin United States
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    rajneesh madhock ji

    Under Indian law, is there a concept of "common law marriage" as there is in some other parts of the world -- such that after cohabiting as man and wife for "x" number of years, the relationship attains the status of a legally binding marriage?

    Common law marriages go back to the medieval times in Europe, were later referred to as clandestine marriages, and now are referred to as domestic partnerships. They can be dissolved only by legal divorce proceedings (in a court of law) and not informally as they began. When the couple splits property has to be legally divided, pensions may have to be shared, and similar financial decisions are made under law?
     
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  4. findingmyway

    findingmyway
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    Out of interest, why are people so afraid of getting married?
     
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  5. spnadmin

    spnadmin United States
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    Speaking only for the US - and it may in fact be that India is gravitating in this direction as traditions wear away.

    The cost of divorce ruins both parties to a marriage beyond the point of recovery. Some people reason, "Better not to marry in the first place than to risk economic ruin later on."

    Other people have the untested idea that the emotional entanglements of marriage are greater than cohabitation, and that it is easier to back out. The facts on the ground may make this belief questionable.

    In the end many people do not learn through logic or from the experiences of others and continue to believe both.
     
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  6. findingmyway

    findingmyway
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    Surely going into a relationship with the attitude of a get out clause or what if it doesn't last is biasing towards failure anyway! Any relationship is compromise. Maybe I'm simplifying things but from what I observe, it seems a lot of problems arise as people aren't willing to compromise and work things out together. This attitude of not making a commitment is adding to that psychologically
     
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  7. rajneesh madhok

    rajneesh madhok India
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    Hon'ble SPNAdminji,
    http://timesofindia.indiatimes.com/...ive-ins/articleshow/6386392.cms#ixzz0xFOqOvBk
    Sorry for replying you later. Under Indian law there is no such provision of getting status of a wife even if the couple had been in relation and had been cohabiting quite a number of years. The relationship will not be considered and will not get the status of legality.
    I have provided the link to your queries as you have described the query from medieval times in Europe. Yeah in India the couple those live together are treated by the society as clandestine married couple but in the eyes of law it is not like that. There relationships have not been dissolved with legal divorce proceedings because in the eyes of law they are not considered husband and wife.
    You will be astonished to know that the wife in India usually don't get the share of property in divorce cases. For maintenance the divorced wife gets not more than 10% of the income of the husband. In nutshell the law is pro-husbands at the time of divorce if married legally.
    Rajneesh Madhok
     
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  8. kds1980

    kds1980 India
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    Re: Live-in partners can’t complain of infidelity, says Delhi high court

    Laws in country are made to accomadate majority of population and their customs.Wives in India don't get share in husband's property because much
    of the property in India is ancestral which is passed from son to son.A daughter is given dowry that is legally called streedhan and at the time of divorce A husband have to return it

    as far as alimony is concerned there is no law that state women cannot get more than 10%

    http://www.indidivorce.com/alimony-in-india.html
     
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  9. Tejwant Singh

    Tejwant Singh United States
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    Due to the explosion of the call centres and growth in the IT field, many youngsters have become independent and work away from home. This has created a financial and sexual freedom for the young. The fear factor of elders or so called shame are dissipating slowly. There is a sexual revolution in India like never before, just like the one happened in the west in the 60's during the hippie era. The only difference is that most hippies were poor and dependent on their rich parents. In India, a new class of middle class is emerging from what used to be the lower income sector. At work romance with married people or other singles are not very uncommon but to the contrary. Due to this freedom and money in the pocket, the moral values have become diluted in this new self discovery of independence. Drinking and smoking have become mode de jour among the young of both sexes even many turbans wearing visible Sikhs smoke. Hookah lounges are sprouting up and many turban wearing Sikhs visit them. Abortion is legal in India so this helps more in this juggernaut of the sexual revolution. We will find a lot more people living in and many married people of both sexes having affairs outside the marriage than ever before.

    And as the song by The Carpenters would suggest, "We only just begun"....
     
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  10. kds1980

    kds1980 India
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    Re: Live-in partners can’t complain of infidelity, says Delhi high court

    Tejwant singh ji

    The number of people working in Call centers and IT fields are still very small compare to Indian population.The concept of live in relatioinship still exist on paper for majority.My brother has just joined and he told me that almost every person in his company is very much traditional.Some Girls do have B/Fs
    but they don't have physical relationship with them.One Girl Who is my brother's best friend ,it takes 2 years to tell her that her parents are divorced and only on that condition that my brother will not tell this to anybody as She will become subject of gossip in class.So there is hardly any way one can compare India What happened in USA in 60s or 70s.
     
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  11. Tejwant Singh

    Tejwant Singh United States
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    Kanwardeep Singh ji,

    Guru Fateh.

    Let's try some facts here and I know you are the kind of the person who loves facts and numbers. As, you live in India, can you share with us that how many people work in Call Centers, IT filed, Hotel Management, in investments banks? How many hold MBA's, CPA's and work in international companies in different fields? Once you share the numbers, then we can talk further about it.

    Secondly, I am surprised that a friend of your brother's shared her secret with him and told him not to tell anyone. He in return shared it with you and now you are sharing it with the whole world in an open forum? May I know the moral reasons of your sharing this?

    Thanks and regards

    Tejwant Singh
     
  12. kds1980

    kds1980 India
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    Re: Live-in partners can’t complain of infidelity, says Delhi high court

    http://www.nasscom.in/Nasscom/templates/NormalPage.aspx?id=58639
    Industry will continue to be a net hirer; direct employment expected to grow by 4 percent and cross 2.3 million with over 90,000 jobs added in FY09-10

    --------------------------------------------------------------------------
    Now in a country of 1.3 billion 2.3 million is like a peanut ,The number of Mba's and others employed are much lower.As far as degree's are concerned it does not how many hold degree as degree's in India are piece of paper unless you do it from reputable college.

    As far as sharing secret is concerend I am surprised that you are blaming me.
    Neither I mentioned my brother's name not I mentioned Girl's name,so How am I sharing secret with world.Unless you share personal details on forums one cannot say that you are disclosing secret
     
  13. Tejwant Singh

    Tejwant Singh United States
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    Kanwardeep Singh ji,

    Guru fateh.

    Thanks for the numbers. It is not a small amount and if I am not mistaken these numbers only relate to the IT sector. Correct me if I am wrong. This number does not include the hirings in petro chemical sectors, banking, insurance and expanding domestic industry. If we add those, the number becomes much bigger.

    There is another news below which also relates to the IT and BPO sectors:

    I
    Here is one more *** bit:

    The whole point of my post is that India is growing leaps and bounds and this financial power that the youths are attaining breed freedom which leads to alcoholism and sex. There is no denying in that and it is happening at quite a fast pace in India. Sex is not a taboo in India as far as Indian girls who work are concerned.

    It is rather futile to talk about the stats between the population and the number of working youths. Yes, India has a long way to go as far as getting rid of poverty is concerned but that is not the point. India has more working youths and ever expanding middle class than the populations of many countries put together in the west. Same goes for the cell phone and internet users. These are mere facts and can not be ignored. The local industry like hospitality, food, new consumer products start growing due to that. In this way India is different than China which is totally export oriented. India and Brazil have very strong local consumer markets.

    Probably it is a cultural thing. I have no idea why would your brother share some secret with you that is dear and important to his friend and he was told that in a trustful manner. Why would he break her trust is beyond me. Secondly, I do not understand why would you mention the details of the secret. Names do not matter. It is the ethical side I am talking about. I apologise, if I have offended you.

    Regards

    Tejwant Singh
     
  14. kds1980

    kds1980 India
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    I am sorry to say Tejwant Singh ji but you have lot of misconception about Indian society.
    Sex is very very much taboo even for Girls that work.It is only a small section of Hi fi society of India Where Girls do sex .The majority of people that engages in pre marital sex are from rich society of India where parents give truck load of money (black) in the hands of cHildren.These youngsters drive SUVs do partying and there is no job in India Where a youngsters can buy SUV at young age.

    Me and my brother Share a very special relationship and he Share each and everything
    with me.I mentioned that point just to point out that how conservative is socity is even among young people
     
  15. kds1980

    kds1980 India
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    Now coming to point of financial power of Youth.Let me tell majority of industry you mention recruit youth with take home salary 10,000 to 25,000 per month .Only if you are very lucky or have done course from very prestigious college's then only you could get higher but with very difficulty.The reason I am telling this is because these days I am seeing frustration of my brother for not securing high paying despite being one of the best techie.Even his friends are in same boat.Anyway with this amount you can barely afford a room ,a two wheeler and very few things.Also in middle class Girls are not allowed to spent much of their salary as that salary is saved for the marriage gift to her husband.Parents keep strict check on their accounts.
     
  16. findingmyway

    findingmyway
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    Tejwant Ji,
    So much of what you say is what I have observed in India over the years. I believe a big part is the influence of the meida/Bollywood and Hollywood. I think all the trees in Bollywood have been chopped down ;) It has not brought greater happiness to the Westerners who are now turning to alcohol and drugs or spirituality. The same will happen to Indians-things go in circles :banghead:

    My family lives in a very conservative city. Yet there for many years now there is a well known lovers lane near the lake where young couples go smooching in the evenings. The girls wear a hijab whether muslim or not so they can hide their identities from nosey people as they ride around with boyfriends. These are conservative folk from all backgrounds hiding behind parents back :coolkudi:
    And yet I'm the one being judged for being from abroad!!!
     
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  17. kds1980

    kds1980 India
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    Re: Live-in partners can’t complain of infidelity, says Delhi high court

    Lovers lane, lovers park exists in almost each city small town of India,but main question is What is the percentage of Girls that engages in these type of activity 5,10,15,25 or above 50 .Indian population is so large that even if small percentage engage in that activity even then it looks big.Various surveys have put percentage of Girls engage's in pre marital sexual activity between 5 to 15 % so I think it is around 10% .Now the main question is can we say on the basis of 10% that pre marital sex is no longer tabboo ?

    The reason people say that you are from abroad is because percentage in abroad is much high so its obvious It is difficult for people to beleive that Girl didn't have B/F if she is living in UK
     
  18. findingmyway

    findingmyway
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    Kanwardeep Ji,
    Your response highlights 2 things:
    1-people in India are quick to judge without looking at individual person. Just because I am from UK doesn't mean I follow everything my peers do.
    2-there is change happening. as you said in another thread you have to look at the population as a whole. As a whole the trend is moving away from traditional values. This does not mean everyone thinks like that, just like not everyone in UK/USA/Peru or anywhere else follows the majority in that country but only after accepting the truth that pre-marital relations/aversion to wedlock is becoming MORE common and acceptable, can causes and solutions be found. Denying there is an issue is encouraging it to develop further. Maybe people need to make their own mistakes or maybe not-not for me to decide. All I know is that the problems in the UK should not be repeated in India as social consequences are worse. This country has the highest rate of teenage pregnancies in the world and that is not a happy statistic!
     
  19. kds1980

    kds1980 India
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    Re: Live-in partners can’t complain of infidelity, says Delhi high court

    Jasleen ji

    Indians were enslaved by Britishers ,that's why Some Indians always look
    White's as their role models.This problem is much in Big cities like bombay and Delhi and also much more common in High income group Families.They beleive that whatever white's do is prgressive while Indians are backward,more over we have our film stars who for cheap publicity give comments or you can say promote these type of Relationship so it is natural whatever happened in UK could happen in Indian big cities but with very small section of people.A very large part of India is still very much conservative and could even become voilent as we hear about honour killings almost every other day
     

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