12.07.2015 Views

by Police - Bureau of Police Research and Development

by Police - Bureau of Police Research and Development

by Police - Bureau of Police Research and Development

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

The Indian <strong>Police</strong> Journalarises in the family, there are several contributing factors in it. 19• Legalizing ImmoralityIn the zeal <strong>of</strong> providing protection <strong>and</strong> assistance to women, theAct provides for the provisions, which are neither recognized<strong>by</strong> our society or <strong>by</strong> our existing matrimonial <strong>and</strong> Penal Laws.The concept <strong>of</strong> live-in relationship, which is very common inpermissible nor possible in the view <strong>of</strong> the moral sentiment <strong>of</strong> oursociety. 20• The Legislature, while passing the Act, did not notice that someActs. It has not been noticed that having sexual intercourse withany other person other than his or her spouse is a ground <strong>of</strong>Divorce under Hindu Marriage Act, 1955. 21 Even Section 24 <strong>and</strong>25 <strong>of</strong> the Act, which provides for maintenance, do not recognizeany relationship except that <strong>of</strong> legally-wedded husb<strong>and</strong> <strong>and</strong>wife. 22 Besides this, Section 125 <strong>of</strong> the Criminal Procedure Code,1973 also grant maintenance to wife, children, father <strong>and</strong> motheronly <strong>and</strong> not to the person in illegitimate relationship. It is amatter <strong>of</strong> irony that while on the one h<strong>and</strong>, a married womanindulging in adultery is not entitled to claim maintenance fromhusb<strong>and</strong>, she will be entitled to claim it from the person withwhom she has illicit relationship.• No Relationship between Aggrieved <strong>and</strong> other PersonThe Act provides that apart from the aggrieved person, any other to suggest that there is an apprehension <strong>of</strong> misuse <strong>of</strong> the Act <strong>by</strong><strong>of</strong> the Act with an intention to disturb the peaceful life <strong>of</strong> the19 Need for Amendment”, Criminal Law Journal, July 2008, p. 208.20 Immorality Legalized”, Criminal Law Journal, March 2007, p. 54.21See22SeeJanuary - March, 2013155

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!