Allahabad High Court observed on Monday that misuse of Section 498A of the Indian Penal Code (IPC) is impacting marriage and live-in relationships, which are free from legal baggage, are replacing traditional marriage [Mukesh Bansal v State of UP].
A single-judge Justice Rahul Chaturvedi opined live-in relationships have quietly crept into our socio-cultural ethos, replacing traditional marriages, and it is an unavoidable reality which one must accept.
A replacement for traditional marriage in which unmarried couple lives together without marrying each other and are free from its legal implications, commitment, and responsibilities.
The two young couples agree that the traditional perfume of our age-old institution of marriage would completely evaporate over period of time if such gross and unmindful misuse of section 498-A IPC continues rampantly, the Court said. This is an off shoot of traditional Indian marriage just to save the couple from the hazards and legal complications and bickering between them.
The judge stated that it was a voluntary agreement in which an unmarried man or woman decided to live together under one roof in a sexual and romantic relationship.
“It seems to be an alternative to traditional marriage in which unmarried individuals live together without legally marrying one another, free from the legal implications, commitment, and responsibilities of marriage.”
In light of an increasing tendency to lob broad general accusations at the husband and his family members, the High Court made these observations while implementing a number of safeguards to prevent the misuse of Section 498A.
According to the Court’s order, no arrest or coercive action should be taken against an accused after the filing of a First Information Report (FIR). During this period, the issue should be referred to the Family Welfare Committee (FWC).