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Sec 498A misused: Allahabad HC on effect of live in relationship

Socio Legal Corp

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Sociolegalcorp

[Mukesh Bansal vs State of UP]

In this case the court observed that live in relationship has effected the traditional system of marriage and slowly replaces the traditional system of marriage by sneaking to socio-cultural ethos which is the harsh reality to be accepted and Sec 498A IPC is being misused the court added.

The judge said that live-in relationship is substitute to the traditional system of marriage where the unmarried couple’s live together under one roof in a sexual and romantic relationship without having legal responsibilities, commitments etc.

The HC observed these during issuing safeguards to prevent misuse of S.498A IPC and protect the husband and his family by several allegations.

The court directed once the FIR is registered, the accused must not be arrested nor take any coercive action on him immediately within two months and refer the issue to the Family Welfare Committee (FWC) within this period.

Written by: Shrishyly.V

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