A case involving a fatal spat between two lovers of the same woman has prompted the Madras High Court to take up the broader issue of offences stemming from extra-marital affairs and illicit relationships..The order passed on Tuesday by the Bench of Justices N Kirubakaran and Abdul Quddhose commences by noting that,.“‘Extra-marital relationship’ has become a dangerous social evil nowadays. Many heinous crimes including ghastly murders, assaults, kidnappings, etc., are committed because of clandestine relationships and they are alarmingly increasing day-by-day.“.The case before the Court involved a quarrel between two persons, Joseph and Lokesh, who were said to have been in an “illicit” relationship with the same woman. A fight broke out among Joseph, Lokesh and five of the latter’s associates, leading to the death of Joseph..One of Lokesh’s associates, Ajith, had approached to High Court to quash his detention under the Tamil Nadu Goondas Act. On merits, the Court allowed Ajith’s petition and quashed the detention order..However, the facts of the case led the Bench to keep the matter pending to deal with the general problem of extra-marital affairs. In order to explore ways of curbing the “social evil”, the Court has also impleaded the Union Ministry of Family Welfare and the State of Tamil Nadu. The order passed to this effect states,.“Marriage in India is based on love, faith, trust and legitimate expectation. The marital relationship is considered to be sacred. However, what is to be sacred is dangerously fast becoming scary shattering families due to outside conjugal relationship. Therefore, to adjudicate the said issue of extra-marital relationship by men and women, this Court suo motu impleads (a) Union of India, represented by its Secretary, Ministry of Family Welfare, New Delhi and (b) The State of Tamil Nadu, represented by its Secretary, Home Department, Fort St. George, Chennai, as respondents 5 and 6.“.The order goes on to note that the Court has a duty to address the issue, in view of the rising incidents of offences rooted in extra-marital affairs. To this end, the Court has listed twenty questions for the government to respond to. The Court has, however, emphasised that it is not expressing any opinion or finding on the issue. As stated in the order,.“In view of spurt in offences, especially, murders due to extra-marital affairs, it is the bounden duty of this Court to address the issue. In an effort to find out the reasons and find ways and means to address the issue of “Extra-Marital Relationship” and to prevent/reduce the related offences, queries are being raised by this Court. Therefore, the queries are neither opinion nor finding or conclusions of this Court.”.The queries so posed are:.How many murders took place in Chennai as well as in Tamil Nadu and in India for the past 10 years due to extra-marital affairs? [Yearwise details to be given.]How many offences like suicide, kidnapping, assault, etc., other than murder were committed due to illicit intimacy in Chennai, Tamil Nadu and in India for the past 10 years?Whether there is phenomenal increase in the number of offences due to immoral relationship year by year?Is it a fact that the Mega Television Serials and Cinemas are major reasons for the increase in scandalous relationship in our country?Whether Mega Television Serials and Cinemas invariably give clue to the people involved in clandestine relationships to commit the offences including murders and kidnapping? Whether spouses are increasingly engaging paid killers to get rid of their life partners?Is it a fact that the economic independence of both the spouses is responsible for spurt in extra-marital affairs?Is it a fact that the increase in illicit relationships is because of sexual dysfunctions or deficiencies of the spouses?Does the spurt in scandalous affairs due to internet which offers platforms, like, Facebook, Facetime, Whatsapp, Instagram, etc., giving many chances for strangers to get connected?Whether the increase in clandestine relationship is due to westernisation of our culture and way of life?Are illicit affairs due to invalidity of men due to their alcohol addiction?Whether illicit intimacy is due to lack of quality time spent by the spouses with each other, depriving of their emotional, psychological support and physical comfort and pleasure?Whether better public exposure of women, who rightly broke restrictive customs, and their mingling with third parties in their offices or professions are some of the reasons for clandestine relationship?Whether breaking away of joint family system and formation of nucleus family are responsible for the increase in extra-marital relationship?Is it correct to say that non-teaching of moral and ethical values in the schools is primarily responsible for many social evils including illicit affairs?Is it a fact that scandalous relationships are due to conduct of arranged marriages contrary to the wishes of the bride or bridegroom?Does mismatch of couples cause illicit intimacy?What are all the sociological, psychological and economical factors responsible for spurt in extra-marital relationship?Why not the Central Government and the State Government constitute an Expert Committee headed by a Retired Supreme Court Judge/Retired High Court Judge, consisting of psychologists, psychiatrists, andrologists, neurologists, physicians, social activists, Non-Governmental Organisations who work for safeguarding the families, to study and analyse the reasons for the social menace of extra-marital relationship and find out the reason for increase in illicit relationship/extra-marital relationship and give suggestions/solutions to arrest the evil and prevent connected offences in the interest of famillies/society?Why not the respondents constitute Family Counselling Centre to give counselling to the spouses in every District?.The matter has been posted to be taken up next in the third week of June..Bar & Bench is available on WhatsApp. For real time updates on stories, Click here to subscribe to our WhatsApp.
A case involving a fatal spat between two lovers of the same woman has prompted the Madras High Court to take up the broader issue of offences stemming from extra-marital affairs and illicit relationships..The order passed on Tuesday by the Bench of Justices N Kirubakaran and Abdul Quddhose commences by noting that,.“‘Extra-marital relationship’ has become a dangerous social evil nowadays. Many heinous crimes including ghastly murders, assaults, kidnappings, etc., are committed because of clandestine relationships and they are alarmingly increasing day-by-day.“.The case before the Court involved a quarrel between two persons, Joseph and Lokesh, who were said to have been in an “illicit” relationship with the same woman. A fight broke out among Joseph, Lokesh and five of the latter’s associates, leading to the death of Joseph..One of Lokesh’s associates, Ajith, had approached to High Court to quash his detention under the Tamil Nadu Goondas Act. On merits, the Court allowed Ajith’s petition and quashed the detention order..However, the facts of the case led the Bench to keep the matter pending to deal with the general problem of extra-marital affairs. In order to explore ways of curbing the “social evil”, the Court has also impleaded the Union Ministry of Family Welfare and the State of Tamil Nadu. The order passed to this effect states,.“Marriage in India is based on love, faith, trust and legitimate expectation. The marital relationship is considered to be sacred. However, what is to be sacred is dangerously fast becoming scary shattering families due to outside conjugal relationship. Therefore, to adjudicate the said issue of extra-marital relationship by men and women, this Court suo motu impleads (a) Union of India, represented by its Secretary, Ministry of Family Welfare, New Delhi and (b) The State of Tamil Nadu, represented by its Secretary, Home Department, Fort St. George, Chennai, as respondents 5 and 6.“.The order goes on to note that the Court has a duty to address the issue, in view of the rising incidents of offences rooted in extra-marital affairs. To this end, the Court has listed twenty questions for the government to respond to. The Court has, however, emphasised that it is not expressing any opinion or finding on the issue. As stated in the order,.“In view of spurt in offences, especially, murders due to extra-marital affairs, it is the bounden duty of this Court to address the issue. In an effort to find out the reasons and find ways and means to address the issue of “Extra-Marital Relationship” and to prevent/reduce the related offences, queries are being raised by this Court. Therefore, the queries are neither opinion nor finding or conclusions of this Court.”.The queries so posed are:.How many murders took place in Chennai as well as in Tamil Nadu and in India for the past 10 years due to extra-marital affairs? [Yearwise details to be given.]How many offences like suicide, kidnapping, assault, etc., other than murder were committed due to illicit intimacy in Chennai, Tamil Nadu and in India for the past 10 years?Whether there is phenomenal increase in the number of offences due to immoral relationship year by year?Is it a fact that the Mega Television Serials and Cinemas are major reasons for the increase in scandalous relationship in our country?Whether Mega Television Serials and Cinemas invariably give clue to the people involved in clandestine relationships to commit the offences including murders and kidnapping? Whether spouses are increasingly engaging paid killers to get rid of their life partners?Is it a fact that the economic independence of both the spouses is responsible for spurt in extra-marital affairs?Is it a fact that the increase in illicit relationships is because of sexual dysfunctions or deficiencies of the spouses?Does the spurt in scandalous affairs due to internet which offers platforms, like, Facebook, Facetime, Whatsapp, Instagram, etc., giving many chances for strangers to get connected?Whether the increase in clandestine relationship is due to westernisation of our culture and way of life?Are illicit affairs due to invalidity of men due to their alcohol addiction?Whether illicit intimacy is due to lack of quality time spent by the spouses with each other, depriving of their emotional, psychological support and physical comfort and pleasure?Whether better public exposure of women, who rightly broke restrictive customs, and their mingling with third parties in their offices or professions are some of the reasons for clandestine relationship?Whether breaking away of joint family system and formation of nucleus family are responsible for the increase in extra-marital relationship?Is it correct to say that non-teaching of moral and ethical values in the schools is primarily responsible for many social evils including illicit affairs?Is it a fact that scandalous relationships are due to conduct of arranged marriages contrary to the wishes of the bride or bridegroom?Does mismatch of couples cause illicit intimacy?What are all the sociological, psychological and economical factors responsible for spurt in extra-marital relationship?Why not the Central Government and the State Government constitute an Expert Committee headed by a Retired Supreme Court Judge/Retired High Court Judge, consisting of psychologists, psychiatrists, andrologists, neurologists, physicians, social activists, Non-Governmental Organisations who work for safeguarding the families, to study and analyse the reasons for the social menace of extra-marital relationship and find out the reason for increase in illicit relationship/extra-marital relationship and give suggestions/solutions to arrest the evil and prevent connected offences in the interest of famillies/society?Why not the respondents constitute Family Counselling Centre to give counselling to the spouses in every District?.The matter has been posted to be taken up next in the third week of June..Bar & Bench is available on WhatsApp. For real time updates on stories, Click here to subscribe to our WhatsApp.