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Case Law Details

Case Name : Indra Sarma Vs V.K.V. Sarma (Supreme Court of India)
Appeal Number : Criminal Appeal No. 2009 of 2013
Date of Judgement/Order :
Related Assessment Year :
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In the landmark judgement, a bench headed by Justice K S Radhakrishnan framed guidelines for bringing live-in relationship within the expression ‘relationship in the nature of marriage’ for protection of women from Domestic Violence Act.

Parliament has to ponder over these issues, bring in proper legislation or make a proper amendment of the act, so that women and the children, born out of such kinds of relationships be protected, though those types of relationship might not be a relationship in the nature of a marriage.

Live-in or marriage-like relationship is neither a crime nor a sin though socially unacceptable in this country. The decision to marry or not to marry or to have a heterosexual relationship is intensely personal.

We cannot, however, lose sight of the fact that inequities do exist in such relationships and on breaking down such relationship, the woman invariably is the sufferer,” it said, noting “Live-in relationship is a relationship which has not been socially accepted in India, unlike many other countries.

Such relationship, it may be noted, may endure for a long time and can result pattern of dependency and vulnerability, and increasing number of such relationships, calls for adequate and effective protection, especially to the woman and children born out of that live-in-relationship. Legislature, of course, cannot promote pre- marital sex, though, at times, such relationships are intensively personal and people may express their opinion, for and against.

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