Crl.R.C.No.674 of 2007
(i) If a bachelor aged 21 years or above and a spinster aged 18 years or above had pre-marital sex with intention to marry and subsequent to this the man deserts the woman the victim woman can approach a civil forum for remedy after producing necessary substantial evidence to grant her social status as wife. This remedy is not only for the purpose of giving relief to the victim woman but also to maintain the cultural integrity of India.
(ii) This Court's order does not, in any way run against any religion and is not intended to wound any Indian. This Court's order had not in any way degraded the system of marriage performed as per the various religious and customs and rites among the various communities.
(ii) The law permits the affected woman to initiate criminal proceedings against her paramour for cheating her and deserting her after making a promise of marriage, but there is no provision to approach the civil forum for her remedy. The High Court is the Apex Court of this state and constitutional authority. Therefore, this Court has given the legal relief to the affected woman. Without fully understanding this Court's judgment, adverse comments shall not be passed. This Court's order does not in any way run against the cultural interest and religious systems followed by the persons in the various communities. This order has been passed after a detailed analysis in order to protect Indian culture and welfare of women.
Published - June 19, 2013 02:05 pm IST
