Live-in influenced by western ideas; FIRs lodged when relationships fail: Allahabad High Court

Lucknow: In a significant ruling the Allahabad High Court has said that the ‘live-in’ relationship was a influenced by ‘western ideas’ and that FIRs are lodged when such relations fail as it set aside a trial court order sentencing a man to life imprisonment in a case of luring a minor on the pretext of marriage and establishing physical relationship with her.

A division bench comprising Justice Siddharth and Justice Prashant Mishra gave this ruling on a criminal appeal filed by the man challenging the lower court order.

The court said that when such relationships fail, FIRs are filed, and because the law is skewed in favor of women, men are convicted based on laws that were enacted when the concept of live-in relationships did not even exist.

The prosecution had contended that the petitioner Chandresh had lured a minor, who hailed from the SC community, on the pretext of marrying her and established physical relationship with her. He however did not marry the minor and the latter returned home after a few months.

The district court in Maharajganj sentenced Chandresh to life imprisonment in the matter.

The HC said that the trial court did not consider the evidence on record properly and found that the victim was not a minor at the time of the incident. It said that the petitioner could not be held guilty under the POCSO Act if the victim was a major.

The court also said that the victim had been in a consensual relationship with the petitioner for six months and that she did not make any call to her mother during this period.

The HC, while overturning the lower court order, ordered release of the petitioner unless he was not wanted in any other matter.