Guk

The problem with working with the system, and using its own values against itself to bring about change is that sometimes, you find...or I find, I simply can't stomach the rationale anymore. The end does not justify the means.

Classic case of good decision, bad reason.

Aruna Pramod Shah v. UOI (7/4/2008)

Learned Counsel for the Petitioner has drawn attention to the definition of "domestic relationship" contained in Section 2(f) of the Act. He has strenuously objected to the placing of married persons on the same platform as those in a relationship in the nature of marriage. We find no reason why equal treatment should not be accorded to wife as well as woman who has been living with a man as his common-law wife or even as a mistress. Like treatment to both does not, in any manner, derogate from the sanctity of marriage since an assumption can fairly be drawn that a "live-in relationship" is invariably initiated and perpetuated by the male. Once again, we do not rule out the exception but such cases would be rare to find, thus obviating the need of Parliament to provide protection to the male victim. The Court should also not be impervious to social stigma which always sticks to women and not to the men, even though both partake of a relationship which is only in the nature of marriage."