Courts are to judge what is legal and what is illegal. They have no business on declaring something moral or immoral.
However, courts can send a message to prospective victims when an act seems primafacie harmless but victimises someone and courts cannot come to their help.
This is precisely the situation in case of pre marital $ex. More often than not, it is a consensual act where courts cannot hold the culprit under Nirbhaya act. If the act was based on a promise that is not kept, then the culprit can be booked for cheating under section 420 and can be punished with a maximum of a 3 year term. Now, accused will also try his best to provide excuses and indulge in mud slinging that will immensely demoralize the victim and get away. Courts cannot deny the rights of the accused and has to here all those things.
At the end of the case - which could easily take decades - even the maximum possible punishment, justice cannot be made to the victim. So, it is in the best interest of the potential victim to avoid such situations.
Some may question why allow it legally when justice cannot be done by courts.
If there is a woman who has no emotional attachment and can easily walk away from the relationship, there is no question of any cheating there. And it is not fair for law to intervene between two adults who clearly know what they are doing, and where they could eventually end up.
Re: I dont think court has any business on immorality
by Chandrashekhar Dambe on Jan 09, 2014 12:16 PM
Sure. Court should mind their business. See legal aspects only. But in this case they have gone by law and this is really a welcome decision. Earlier decisions by various courts to validate live in relations were wrong in my openion. How can a married man have live in relation with another women and court orders compensation to her when the relation breaks. This decision means that you cant have two wifes but can have affair with as many women as you want. And law will protect all such women. What about the injustice done to the his legal wife and her children? If a women knowingly engage in such relationship, she should not get protection from court. Pl note this is not defending a person who pretends unmarried and cheats several woment. He must be then prosecuted.
Re: Re: I dont think court has any business on immorality
by kiran kumar on Jan 09, 2014 04:24 PM
This is precisely what I am trying to say. Do not engage in such activities. If you do so, be prepared to face the consequences yourself. The biggest section under which a culprit can be prosecuted is 420. Jail term for that is 3 years.
You mentioned about the legal marriage. I guess after marriage (of either one) it is not classified as pre-marital, it is called extra-marital.
Re: Pre Marital Relation
by kiran kumar on Jan 09, 2014 12:24 PM
The problem starts when there is a dispute between them. The court has formally declared that it will not be able to help in such situations.
Re: Pre Marital Relation
by Divakar Shetty on Jan 09, 2014 12:37 PM
If you do it, responsible for its consequences, no one is bothered!! if one of you cry foul and all of us cannot help and we say get lost, what you did is wrong!!! and it remains so
I 600% agree with the judgement passed by Delhi court. It is a prudent decision backed by logic and common sense. People coming out and accusing anyone of sexual intercourse and not marrying are sheer dumbos and need to sit back in primary class!
There's a reason for calling this act as immora1. Whatever might be the outcome of this act, for example - Girr1 getting prreggnant and then getting deserted by the bb0y, OR PParrents not agreeing and hence marriage not taking place, OR BB0y fi1ming the act and se11ing the c1ip / distributing it to his friends, OR ggir1 accusing the bb0y of rrraappee once this act comes to light, etc., OR Both ggir1 and bb0y getting married to live happily ever after ---- Ultimately most of these outcomes are not good, either to the ggir1 or to the bb0y, except for one, where the c0uple lives happily ever after. Hence, the society has termed it as immora1 so that the ggir1 and bb0y do not even consider performing this act, thus keeping themselves out of tr0uble :-)
