Women Endure Challenging Ordeals Post Live-In Relationships: HC

In a recent decision to grant bail to a man facing allegations of raping his married live-in partner, the Allahabad High Court made an observation. The court stated that it can be exceptionally challenging for a woman to find a male partner for marriage once she exits a live-in relationship, as reported by Live Law.

Highlighting that such relationships often lack social acceptance in Indian society, particularly among the middle class, the bench noted that separated females in such arrangements may not be viewed as conventional by this demographic.

The court remarked that , "They do(nt) consider a female coming out of such a relationship as a normal being. Exception apart, no family willingly accepts such a female as their family member. There is no dearth of cases coming to the courts where the female partner of an erstwhile relationship commits suicide out of disgust caused by socially ill behaviour."

Difficult For A Woman To Find Husband After Coming Out Of Such Relation: Allahabad HC

According to the report, the court expressed that the woman had to endure a challenging post-live-in relationship ordeal, including "social ostracization" and "indecent public comments". It further elaborated that while it is relatively easier for a male partner in such a relationship to find another female live-in partner or wife, it proves to be considerably more challenging for a female partner to find a male partner for marriage. This difficulty arises due to the prevailing social norms within the middle class, irrespective of the religious background of the female partner, which hinder her efforts to regain her social standing.

In its ruling, Justice Siddharth's bench emphasised the significance of morality within a country like ours, primarily composed of the middle class. The court expressed the view that a nation's stability, encompassing its social, political, and economic aspects, relies largely on the size and influence of its middle-class population. Furthermore, the court pointed out that many of the challenges faced by Pakistan are predominantly attributed to the absence of a substantial middle-class presence.

The court, in its statement, underscored the profound absence of a middle class and middle-class ethics within Pakistan, which serves as a significant indicator of various forms of societal, political, religious, and ethical unrest. It emphasised that a majority of the challenges faced by Pakistan can be attributed to the scarcity of a robust middle class. This middle class typically plays a pivotal role in upholding the social, political, religious, and other established norms of society, as it possesses the means for a balanced existence and is vested in maintaining the status quo. The court noted that Pakistan is primarily divided into the affluent and impoverished classes, with the middle class being a minority in the country.

The bench also emphasised that morality transcends social class boundaries, asserting that it withers in wealth and suffocates in poverty. The court further stated that the highest social class often lacks morality, while the lowest class may find it challenging to adhere to moral standards due to the hardships of poverty.

These observations were made by the court as it granted bail to Adnan, who had been arrested on April 18, 2023, in connection with allegations of reneging on his promise to marry his live-in partner.

The case reportedly revolved around a 19-year-old girl, as confirmed by an ossification test report, who had entered into a live-in relationship with the accused, Adnan, for a year. During this time, they engaged in a physical relationship with mutual consent. However, when the girl became pregnant, Adnan refused to fulfil his commitment to marry her. Consequently, she accused him of rape based on the false promise of marriage.

Following careful consideration of the arguments presented by both sides, the Court determined that this case was another instance where a young couple had parted ways "after enjoying the live-in relationship". The Court acknowledged that, as is common in many cases, the victim had filed an FIR in hopes of securing a marriage relationship with the accused, aligning herself with socially accepted norms and the institution of marriage.

In granting bail to the accused, the court highlighted its concern about a systemic trend working to undermine the institution of marriage in India, with films and TV serials contributing to this trend.

Suggested Reading: Bengaluru Man Kills Live-in Partner With Pressure Cooker, Arrested