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Showing posts with label live-in-relation. Show all posts
Showing posts with label live-in-relation. Show all posts

Monday, 5 August 2013

Live-in relationships breaking up at a rapid rate in Bangalore

Live-in relationships breaking up at a rapid rate in Bangalore

BANGALORE: This technology hub is witnessing a sharp rise in cases of discord in live-in relationships. Most cases reported are those of people working in the software and BPO industries.

"The number of cases of break-up in live-in relationships was 30 during 2011-12. This rose to 42 between April 2012 and March 2013. With an average of six cases reported every month, the number is expected to double this year," says Rani Shetty, chief coordinator with Mahila Sahaya Vani, a family counselling centre attached to city police.

For convenience

Most live-in couples are in the 25-35 age group. To get accommodation, they declare themselves a married couple. Counsellors say such relationships are for financial and social security. Things fall apart when the boy refuses to tie the knot.

Most live-in couples are from outside Karnataka. They find it convenient to live with someone from their own place. Things fall apart when the boy refuses to marry the girl. Only one case — that of Keshava and Arundhati (names changed) — was different. They lived together and had three children. The kids' school records and passports have the name of Keshava as father. But the marriage had not been solemnized as Keshava's parents refused to part with their property if he married Arundhati, says BS Saraswathi, senior counsellor.

To get a house on rent, live-in couples tell landlords they are married. "They live like husband and wife, but their relationship has no legal sanction. When there is a break-up, we refer it to police as a case of cheating," says Aparna Poonesh, a counsellor at the Sahaya Vani. "It's for social and financial security. Nearly 60% of the cases referred to us revolve around sex," says Shetty. Most cases brought to the Sahaya Vani are from the corporate world. "They get to know each other mostly through social media, and share the same language and culture. With their peer groups away, they have individual choices and freedom," she adds.

"Youngsters should be made aware of the problems of living together," says Shetty. "As the relationship doesn't have legal sanction, they need to be careful. Most cases brought to our notice are of women complaining that the men they had lived with refused to marry them."

Marriage dream shattered

Runa (name changed), 27, an employee of a software multinational in the US, was attracted to Bangalore while chatting online with Biswajit (name changed).

As the friendship grew, Biswajit, 30, invited her to the city and promised to find her a job. She quit her job and flew to Bangalore three years ago. After living at a paying guest accommodation for a while, she joined Biswajit, who had taken a house on rent declaring himself and Runa husband and wife.

Runa landed a job. Things went smoothly till Biswajit's parents starting asking him to get married.

One day, Biswajit suddenly disappeared. Runa learnt that he had gone to look for a bride.

On his return, they had an argument. Biswajit manhandled Runa, leading her to the Sahaya Vani. A case of cheating was registered after Biswajit refused, at the counselling sessions, to marry Runa.

Once having hoped the relationship would eventually lead to marriage, Runa is inconsolable today. 
 http://timesofindia.indiatimes.com/city/bangalore/Live-in-relationships-breaking-up-at-a-rapid-rate-in-Bangalore/articleshow/21612535.cms 

Wednesday, 31 July 2013

बिन शादी के रही पत्नी की तरह, अब किया रेप का केस

बिन शादी के रही पत्नी की तरह, अब किया रेप का केस

बिन फेरे, हम तेरे। मेट्रो सिटी की तर्ज पर अब अपने शहर में भी यह चलन शुरू हो गया है।

उत्तर प्रदेश के मुरादाबाद में एक नामी कालेज के छात्र-छात्रा के बीच दो साल तक लिव-इन रिलेशन रहा और जब शादी की बात आई तो विवाद शुरू हो गया। मामला थाने पहुंचा।

छात्रा ने अपने रूममेट के खिलाफ बलात्कार का मुकदमा दर्ज कराया है। मामले को निपटाने के लिए कालेज प्रशासन के लोग भी पहुंचे, लेकिन छात्रा टस से मस नहीं हुई। युवक को पुलिस ने हिरासत में ले लिया है।

मूल रूप से सुल्तानपुर जिले की रहने वाली एक युवती मुरादाबाद के एक शिक्षण संस्थान से एमएससी कर रही है। करीब दो साल पहले वह संस्थान के दूसरे कालेज में पढ़ने वाले एमसीए फाइनल इयर के छात्र अभिषेक पाल निवासी लखनऊ के संपर्क में आई।

दोनों एक दूसरे के करीब आए और फिर मिलन विहार कालोनी के एक घर में किराए का कमरा लेकर पति-पत्नी की तरह रहने लगे।

समाज की नजरों में भी दोनों खुद को पति और पत्नी बताने लगे। लेकिन कुछ दिन पहले दोनों में टकराव शुरू हो गया। छात्रा शादी की जिद करने लगी तो छात्र ने इंकार कर दिया।

इसके बाद छात्रा ने शादी का झांसा देकर अपने साथ बलात्कार का आरोप लगाते हुए मझोला थाने में तहरीर दी। पुलिस ने छात्र को हिरासत में ले लिया।

सूचना पर संस्थान के अधिकारी भी थाने पहुंचे और समझाने का प्रयास किया, लेकिन युवती नहीं मानी। परिजनों ने भी समझाने की कोशिश की। समझौता नहीं होने पर पुलिस ने छात्रा का मेडिकल कराने की तैयारी शुरू कर दी। एसओ मझोला ने बताया कि आरोपी को हिरासत में लिया गया है। जांच की जा रही है।


http://www.amarujala.com/news/states/uttar-pradesh/live-in-relation-rape-case/ 

Wednesday, 24 July 2013

'New law for live-in partners up to judiciary'

'New law for live-in partners up to judiciary'

GURGAON: Even as city police officers do not want to comment officially on the trend of live-in relationships and its legal implications and about the recent spate of rape allegations against former live-in partners, some of them, talking off the record, are of the opinion that it is a wrong way to seek revenge after a relationship has gone sour.

Police investigating such cases have found that most of these allegations start after the partners have decided to end their relationship. Police have also found that in all the cases, it is the female partner who seeks legal action.

Such a case is filed under the same section as rape, that is, Section 376 of the Indian Penal Code.

Experts say while introducing a new law for live-in relationships is difficult and complex, it is time the judiciary looked into the issues arising from a live-in relationship.

"The Supreme Court in various judgments has held that consensual sex between two adults can't be termed rape. But the younger generation thought that was a green light for live-in relationships, that they need not marryl; 'indulge in sexual gratification'; and then walk out any time without taking any responsibility. This may not be a correct impression," said Harish Malhotra, a Gurgaon-based lawyer.

In some cases, the Supreme Court has held that the consent obtained by false promise of marriage is no consent, and therefore it is rape.

"If any unmarried couple of the right legal age is "involved in sexual gratification", this will be considered a valid marriage and they could be termed "husband and wife", the Madras High Court has ruled in a judgment that gives a new twist to the concept of premarital sex," added Malhotra.

The court said if a bachelor has completed 21 years of age and an unmarried woman 18 years, they have acquired the freedom of choice guaranteed by the Constitution. "Consequently, if any couple chooses to consummate their sexual cravings, then that act becomes a total commitment with adherence to all consequences that may follow, except on certain exceptional considerations," he added.

The June 17, 2013 Madras high court verdict

The petitioner A, a Hindu, and respondent OH, a Muslim, lived under one roof, had sexual relations, and had two children between 1994 and 1999. There was documentary proof that OH was the father of at least the second of such children. There was also proof that OH had applied for a "family card" for himself, A and the two children. However, A's marriage to OH was not registered in the Islamic marriage register, the Nikah book. In 1999, OH deserted A and her two minor children.

In 2000, she filed for maintenance of Rs 5,000 per month from him for herself and the two children, claiming that he earned Rs 25,000 per month from his business. OH denied that A was his wife, said she was a "dubious" woman, who was his coworker, and that there was no documentary proof of religious solemnization of marriage between them.

The family court judge observed that though the two children belonged to the respondent and were each entitled to a maintenance of Rs 500 per month from OH, and while A was entitled to Rs 1,000 per month from OH towards litigation expenses, A was not the wife of OH in the absence of documentary proof supporting their marriage.

However, when A filed a revision petition against this order of the family court, Justice CS Karnan at the Madras high court held that customary rites are not necessary to solemnize a valid marriage, and as long as there is no legal bar to A and OH's marriage, while they have also had children together, A's status has been elevated to 'wife' of OH.

Justice Karnan then went on to hold that if a man and a woman of marriageable age have a sexual relationship and the woman becomes pregnant, the couple will be treated as a husband and wife. Even when there is no pregnancy but strong documentary proof of sexual relationship, the couple will still be treated as married. If after having a sexual relationship the couple decides to separate, the husband can only marry another woman after a decree of divorce from the wife. Either part in such couples can approach a family court for declaration of valid marriage.

Karnan directed OH to pay a monthly maintenance of Rs 500 to A, applicable from September 2000, and the arrears of such maintenance until May 2013 within three months.
 http://timesofindia.indiatimes.com/city/gurgaon/New-law-for-live-in-partners-up-to-judiciary/articleshow/21289236.cms