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Live-in: My verdict will protect women, judge says
CHENNAI: Two days after his sensational judgment on sexual relations between adults, Justice C S Karnan has further elaborated on the order which accords the status of marriage to all such relationships, and said his ruling would help maintain the "cultural integrity of India" and "protect the welfare of women".
On Wednesday, issuing an unusual addendum in reaction to the heated debates it has generated in social media and other platforms, he said: "This court's order does not in any way run against any religion and is not intended to wound any Indian. The order had not in any way degraded the system of marriage performed as per the various religious and customs and rites among the various communities."
Reiterating his conclusion that sexual ties between a man and woman of marriageable age would raise the affair to the status of a marital union, Justice Karnan said: "If a bachelor aged 21 years or above and a spinster aged 18 years or above had premarital sex with intention to marry and subsequent to this the man deserts the woman, the victim woman can approach a civil forum for remedy after producing necessary substantial evidence to grant her social status as wife. This remedy is not only for the purpose of giving relief to the victim woman but also to maintain the cultural integrity of India."
Cautioning critics of the judgment, Justice Karnan said: "Law permits the affected woman to initiate criminal proceedings against her paramour for cheating her and deserting her after making a promise of marriage, but there is no provision to approach the civil forum for her remedy. The high court is the apex court of this state and constitutional authority. Therefore, this court has given the legal relief to the affected woman. Without fully understanding the court's judgment, adverse comments shall not be passed."
But legal experts have questioned the judge's decision to further elaborate on the order and go beyond the scope of the subject to address issues relating to culture. While the order has been broadly accepted to be in keeping with Supreme Court judgments on live-in relationships and maintenance, a senior sitting judge of the same high court said Wednesday's addition ought not to have referred to the issue of 'cultural integrity' and the welfare of women. "The issue pertains to maintenance, and to justify the award he had discussed sexual interaction and status of marriage. But linking it to a larger and intangible issue of culture is unwarranted," he said. There is also the view that such a view of the man-woman relation was liable to be misinterpreted in the
subordinate courts.
Live-in: My verdict will protect women, judge says - The Times of India
CHENNAI: Two days after his sensational judgment on sexual relations between adults, Justice C S Karnan has further elaborated on the order which accords the status of marriage to all such relationships, and said his ruling would help maintain the "cultural integrity of India" and "protect the welfare of women".
On Wednesday, issuing an unusual addendum in reaction to the heated debates it has generated in social media and other platforms, he said: "This court's order does not in any way run against any religion and is not intended to wound any Indian. The order had not in any way degraded the system of marriage performed as per the various religious and customs and rites among the various communities."
Reiterating his conclusion that sexual ties between a man and woman of marriageable age would raise the affair to the status of a marital union, Justice Karnan said: "If a bachelor aged 21 years or above and a spinster aged 18 years or above had premarital sex with intention to marry and subsequent to this the man deserts the woman, the victim woman can approach a civil forum for remedy after producing necessary substantial evidence to grant her social status as wife. This remedy is not only for the purpose of giving relief to the victim woman but also to maintain the cultural integrity of India."
Cautioning critics of the judgment, Justice Karnan said: "Law permits the affected woman to initiate criminal proceedings against her paramour for cheating her and deserting her after making a promise of marriage, but there is no provision to approach the civil forum for her remedy. The high court is the apex court of this state and constitutional authority. Therefore, this court has given the legal relief to the affected woman. Without fully understanding the court's judgment, adverse comments shall not be passed."
But legal experts have questioned the judge's decision to further elaborate on the order and go beyond the scope of the subject to address issues relating to culture. While the order has been broadly accepted to be in keeping with Supreme Court judgments on live-in relationships and maintenance, a senior sitting judge of the same high court said Wednesday's addition ought not to have referred to the issue of 'cultural integrity' and the welfare of women. "The issue pertains to maintenance, and to justify the award he had discussed sexual interaction and status of marriage. But linking it to a larger and intangible issue of culture is unwarranted," he said. There is also the view that such a view of the man-woman relation was liable to be misinterpreted in the
subordinate courts.
Live-in: My verdict will protect women, judge says - The Times of India
that was epic !
