Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Swapnil (Lawyer)     08 October 2008

Maharashtra to legalise live-in relationships

The news is just in....In a bold step to "legalise" live-in relationships, Maharashtra cabinet on Wednesday approved a proposal suggesting a woman involved in such a relationship for a "reasonable period" should get the status of a wife. Do you think it is a rational decision. What will be its implications on succession law. check out the news at: https://timesofindia.indiatimes.com/Maharashtra_to_legalise_live-in_relationships/articleshow/3575090.cms#write


Learning

 16 Replies

ca.bhupendrashah (FCADISA)     09 October 2008

after financial turmoil now one can expect only moral decadence !

ca.bhupendrashah (FCADISA)     09 October 2008

with serials, channels and net sites just  glorifying them, this is expected !

aatma   09 October 2008

India is going back to wild. No regularity and ethics will be  in matrimonial and family setup. Good progress towards new cultureless country!


What is reasonable period = just an hour!    What is reasonable relationship = just xx.  Overall this will give definition of legal prostitution.

Adv.Shine Thomas (Advocate)     09 October 2008

This will reduce the life time of a man.It will be the main implication on succession law.

K.C.Suresh (Advocate)     10 October 2008

A moraly flourished and rich land has to suffer the immoral legislators. What is the benfit of such an Act. For whose benefit. Why we call a keep for some time a wife. what is the fate of the real wives in india. What moral rate we give to the keeps. It is shameful my dear fellows -  shame to the land of cultural heritage and strong family relationship.

Shree. ( Advocate.)     10 October 2008

Dear Members,




 


I am confused !! It says "if a man and a woman are living together as husband and wife for a reasonably long period"







So if they are living together as "Husband & wife", means they are married. So what is change in rule?







Live-In Relationship rule means, that even if they are staying together "without being Husband & Wife" still they are considered as married. In canada they are consider as "comman law partner.




 


Read this Huz....



What Are Your Rights in a Common-Law Relationship?



https://www.professionalreferrals.ca/article-1518.html 







May be our govt is trying something like this??






 


 To legitimize live-in relationship which, in essence, is another form of polygamy OR to have extra-marital illegal relationships, paid s*x, etc?







The issue is contentious and needs to be debated comprehensively.

Rajesh Kumar (Advocate)     10 October 2008

This action of state government is absurd, unreasonable and unnecessary interferance in personal relationship of citizens. Had the couple in a live-in relationship wished for a status of husband and wife- they could have very well married and attain that status.


A couple lives in a live-in relationship, basically to avoid legal hassales of a relationship of husband and wife, legal hassles which the state has created by interfaring too much in a personal relationship of marriage. Now the state is geared to create legal hassles also in live-in relationship.


This is a sign of failed state- a state which fails in discharging its basic obligations indulge in such gimmicks to divert the attention of citizens from real problems. Shame.  

Rajan Salvi (Lawyer)     11 October 2008

Moral decandence is possible only in a State which is flourishing. [ Eg Take roman civilisation ] . Rest all the States are busy making two ends meet. Poorer the man more religious he is.


JUST KIDDING.

Rajan Salvi (Lawyer)     11 October 2008

THEY ARE LIVING AS HUSBAND AND WIFE MEANS




 


[1] they share incomes




 


[2] they conjugate




 


[3] they live under one roof




 


[4] thier relatives, neighbours have accepted them as a couple.




 


[5 they fight a lot.




 


Shree, Your answer was superb.

Rajan Salvi (Lawyer)     11 October 2008

Dear Shree, Socrates says ' confusion is the beginning of knowledge".

Sanjeev Dudhat (Lawyer)     13 October 2008

Its the toll of globalisation perhaps...........


 


 However it would be preconceived to run to any conclusion, that live-in relationship is moving backward in civilisation. Look at the other side of the coin. Majority of the marraiges end up in stagnant relationships if no divorce. Eventually its   nothing but make believe marital accord,  without emotinal bond.  Rather just a legal binding with mutual suspecion, distrust, chagrin and sickness. An open field for Games People Play. What does it matter then, if  things fall apart with some healthy experimentation in withered marriage institution. Change is   only permanent.

gurpreetkaur (Lawyer)     14 October 2008

As we know most for the Indian legislation are copy of some or the other legislation either from UK or UAS so this is an attempt to apply the concept of Common law partner applied there. It is just an attempy to solve the question of Legitimacy.This is the main intention behind the enactment.As far sucession is concerned let's see the enactment and then decide.

aatma   14 October 2008

It sounds like in india no good lawmakers exist. Always blindly copy from other nations' laws.  Why?


So many good things out there to follow/copy  from other countries (UK, USA). India should  not lose its own cultural identity by copying everything (especially matrimonial laws) from other country.


Just one example. Here is the traffic condition in india.  I wonder why  not the lawmakers copy some good safe travel laws from other countries?


TRAFFIC SAFETY AND ROAD CONDITIONS in India: Travel by road in India is dangerous.   Travel at night is particularly hazardous.  Buses, patronized by hundreds of millions of Indians, are convenient in that they serve almost every city of any size.  However, they are usually driven fast, recklessly, and without consideration for the rules of the road.  Accidents are quite common.  Trains are safer than buses, but train accidents still occur more frequently than in developed countries.


On Indian roads, the safest driving policy is to always assume that other drivers will not respond to a traffic situation in the same way you would in the United States.  On Indian roads, might makes right, and buses and trucks epitomize this fact.  For instance, buses and trucks often run red lights and merge directly into traffic at yield points and traffic circlesCars, auto-rickshaws, bicycles and pedestrians behave only slightly more cautiously.  Frequent use of one's horn or flashing of headlights to announce one's presence is both customary and wise.


Outside major cities, main roads and other roads are poorly maintained and congested.  Even main roads often have only two lanes, with poor visibility and inadequate warning markers.  On the few divided highways one can expect to meet local transportation traveling in the wrong direction, often without lights.  Heavy traffic is the norm and includes (but is not limited to) overloaded trucks and buses, scooters, pedestrians, bullock and camel carts, horse or elephant riders en route to weddings, bicycles, and free-roaming livestock


If a driver hits a pedestrian or a cow, the vehicle and its occupants are at risk of being attacked by passersby.  Such attacks pose significant risk of injury or death to the vehicle's occupants or at least of incineration of the vehicle.  It can thus be unsafe to remain at the scene of an accident of this nature, and drivers may instead wish to seek out the nearest police station.


Protestors often use road blockage as a means of publicizing their grievances, causing severe inconvenience to travelers.  Visitors should monitor local news reports for any reports of road disturbances. 

Rajan Salvi (Lawyer)     15 October 2008

I agree with my Learned friends who say that we are copying blindly the US/UK laws. This is not the beginning. It cannot be lost sight that our Constitution is also ‘Copy and paste ‘ of other countries Constitutions. This blind copying is a curse on the citizens of this nation. Even the Supreme Court in one of its Judgment states that ‘ no legislation will be challenged in court on the ground that it was not argued or deliberated or discussed elaborately.’ We see important legislation being made with ayes and nays within minutes and they do affect our day to day activities. Politicians are busy saving their seats and they do not have the time or energy or perhaps the capacity and will to debate such important issues.


Foreign law need not be followed blindly. Before and during the Industrial Revolution , in great Britain the age of consent for a girl was 12 years. This was obviously to safeguard the interests of the noblemen/ merchants/ royalty. Small children of the peasants/ working class/serfs were prey and fodder for the ruling class. No regard to the psyche of the poor girl. The clergy who is so called bent on saving the world and saving souls never raised a finger against this inhumanity. It took great injustice and great thinkers to overturn this situation.


Even before Britian legalized or accepted homos*xuality, India already has temples depicting the same. The fact cannot be forgotten that when the british were crouching behind bushes and living in caves, India already had a well developed civilization.


Same is the case with the NDPS Act which India was coerced into adopting. Prior to the Act there were smoking dens where people after the days work assembled. Even on Mahashivratra , consumption of these drugs in liquid form was bit considered bad [ remember song Jai Jai shiv shankar depicting Rajesh Khanna and Mumtaz] [ Amitabh in Don] .Some tantric sects used the drugs extensively . All went fine. The consumers were never a danger to the society as they lived in their own world.


Smoking drinking or inhaling of narcotic drugs like Marijuna / cannabis/opium and consumption of liquor – whether IMFL or home made brew ought to be looked at not as something taboo but as an activity which alters the state of the mind and hence these substances can be called MIND ALTERING SUBSTANCES . The consumer for a short period of time wishes to depart from reality which is most of the time sad/deplorable.


See the economices of this



Rs 20-30 for a pudi of ganja


Rs 70—80 for a bottle of IMFL [ Rum, Whisky/ Vodka/Gin etc.]


Rs 200 /- for three Beers


Rs 500/- for Wine.



The mental state achieved by the above is almost the same , the degrees/ intensiveness may vary.



See the amount of money state earns per year from IMFL companies and then you will realize , why NDPS is followed so strictly. It will be foolish to say that IMFL is non addictive because the revenue earned by the companies and the STATE is self evident apart from the crowd in Bars and Liquor shops in the evening. Does the state mean to say that you remain intoxicated only to a limit and to an extent ? Ultimately STATE and the companies go laughing to the bank at the cost of the common man. Liquor Barons also sit as MP’s to decide our fate. [ and protect their interests] Heavy lobbying ensures that nothing is done to upset the apple cart.



Enough for now. Blind following of foreign laws shows that our country has lost its Originality. To all the members of this forum I suggest them to read , ‘ The Fountainhead’ by Ayn Rand.


I do not justify d


I agree with my Learned friends who say that we are copying blindly the US/UK laws. This is not the beginning. It cannot be lost sight that our Constitution is also ‘Copy and paste ‘ of other countries Constitutions. This blind copying is a curse on the citizens of this nation. Even the Supreme Court in one of its Judgment states that ‘ no legislation will be challenged in court on the ground that it was not argued or deliberated or discussed elaborately.’ We see important legislation being made with ayes and nays within minutes and they do affect our day to day activities. Politicians are busy saving their seats and they do not have the time or energy or perhaps the capacity and will to debate such important issues.


Foreign law need not be followed blindly. Before and during the Industrial Revolution , in great Britain the age of consent for a girl was 12 years. This was obviously to safeguard the interests of the noblemen/ merchants/ royalty. Small children of the peasants/ working class/serfs were prey and fodder for the ruling class. No regard to the psyche of the poor girl. The clergy who is so called bent on saving the world and saving souls never raised a finger against this inhumanity. It took great injustice and great thinkers to overturn this situation.


Even before Britian legalized or accepted homos*xuality, India already has temples depicting the same. The fact cannot be forgotten that when the british were crouching behind bushes and living in caves, India already had a well developed civilization.


Same is the case with the NDPS Act which India was coerced into adopting. Prior to the Act there were smoking dens where people after the days work assembled. Even on Mahashivratra , consumption of these drugs in liquid form was bit considered bad [ remember song Jai Jai shiv shankar depicting Rajesh Khanna and Mumtaz] [ Amitabh in Don] .Some tantric sects used the drugs extensively . All went fine. The consumers were never a danger to the society as they lived in their own world.


Smoking drinking or inhaling of narcotic drugs like Marijuna / cannabis/opium and consumption of liquor – whether IMFL or home made brew ought to be looked at not as something taboo but as an activity which alters the state of the mind and hence these substances can be called MIND ALTERING SUBSTANCES . Theconsumer for a short period of time wishes to depart from reality which is most of the time sad/deplorable.


See the economices of this


Rs 20-30 for a pudi of ganja


Rs 70—80 for a bottle of IMFL [ Rum, Whisky/ Vodka/Gin etc.]


Rs 200 /- for three Beers


Rs 500/- for Wine.



The mental state achieved by the above is almost the same , the degrees/ intensiveness may vary.



See the amount of money state earns per year from IMFL companies and then you will realize , why NDPS is followed so strictly. It will be foolish to say that IMFL is non addictive because the revenue earned by the companies and the STATE is self evident apart from the crowd in Bars and Liquor shops in the evening. Does the state mean to say that you remain intoxicated only to a limit and to an extent ? Ultimately STATE and the companies go laughing to the bank at the cost of the common man. Liquor Barons also sit as MP’s to decide our fate. [ and protect their interests] Heavy lobbying ensures that nothing is done to upset the apple cart.



Enough for now. Blind following of foreign laws shows that our country has lost its Originality. To all the members of this forum I suggest them to read , ‘ The Fountainhead’ by Ayn Rand.

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