is this pil mainatinable??


Mr. and Mrs. Tandel was a happy couple with their parents and two male children living together as a family. Their elder son Mr. Madan was of
19 years of age and had very good looks with a dimple on the chick and a fair complexion to the skin. He was well built and soft-spoken and is
studying in college.Mr. Ranade was neighbour of this Tandel family and was aged about 27 years is studying external in post graduate level. He was having a behvioural problem and especially disliked woman company. He was having a liking for male company and had in mind the perversity of having unnatural s*xual intercourse with males. He also had determined to marry a male than a woman. The elderly family members of Mr. Ranade had taken
medical advice and wanted him to get rid of this un-natural fantacy. Mr. Ranade, however, did not heed to the requests of his elders and
continued with his fantasies. Later by the end of the year 2008, Mr. Ranade started the wooing of Mr. Madan and started impressing upon him the
fallacy and futility of marriage with a woman and virtues (!) of a Gay relationship I marriage. He also lured Madan to reciprocate with him to his
s*xual desires, to which he initially desisted but when Mr. Ranade promised him to give a very lucrative job in the Government Department in which Mr. Ranade was working, Madan conceded and later they both decided to
marry and live together.The parents of Madan were unaware of these happenings between Madan and Mr. Ranade. They found their boy to be in a mental depression and he used to be aloof from all the happenings around, in their family. Actually Madan was a very versatile and active personality in their family. In order to find out what might have happened, the parents of Madan,
took him to a family counselor and to their utter surprise, came to know the relationship developed by Mr. Ranade with their boy Madan. They were
all out to repair the psyche of Madan and did their best by taking him to the best psychiatrists and s*xologists etc. But it was all in vain. They filed
a private complaint against Mr. Ranade for having ruined the life of their son Madan. Their case was, however dismissed in view of the ruling of the
Delhi High Court in which it ruled in general, that a gay relationship between two major persons cannot be faulted with and that there is no any illegality
in it so far as none of them complains. In this case, as Madan was not complaining, his parents became helpless in the situation but could not be
a silent spectator to the plight in which their son Madan was, according to
them. They have therefore, decided to file a PIL before the Supreme Court
of India, challenging the validity of the said Judgement and order of the Delhi High Court, legalising in a way, the gay relationship and for seeking to fortify the provisions of section 377 of IPC.

 

is this PIL filed maintainable?

 
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Practicing Lawyer

 yes, it require a deep study and various case law if intrested contact for detail study.

Adv.Apurva!

apurvakrsharma@gmail.com

 
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Advocate

My humble view is that PIL is not maintainable for Madan.

 
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yes, the pil is maintanable.

 
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