HC voices concern over extra-marital relationships

Passing orders on a plea challenging detention under Goondas Act by an accused involved in a murder case arising out of an illicit relationship, a division bench comprising Justice N Kirubakaran and Justice Abdul Quddhose, said “Most of the killings are either by husbands or wives to eliminate his or her cheating partner, the paramour and shockingly even children.”

Quoting a report of Dt Next published on July 14, 2016, as a shocking account of the number of murders committed in Chennai due to illicit relationship, which accounted for 90 out of the 141 murders in 2014, 91 out of 129 murders in 2015 and 50 out 65 murders until July 2016, the bench said, “Marriage in India is based on love, faith, trust and legitimate expectation. The marital relationship is considered sacred. However, what was sacred is fast becoming scary, shattering families due to outside conjugal relationship.”

Further, noting that 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, the bench suo motu impleaded Ministry of Family Welfare, New Delhi and the state of Tamil Nadu, represented by its Secretary, Home Department and posed a series of questions to find out the reasons and means to address the issue.

The 20 questions raised included the number of murders that took place in Chennai as well as in Tamil Nadu and in India for the past 10 years due to extra-marital affairs and how many offences like suicide, kidnapping and assault other than murder were committed due to illicit intimacy in Chennai, Tamil Nadu and in India for the past 10 years.

The bench also sought to know as to whether there is a phenomenal increase in the number of offences due to immoral relationship year by year and the extent of contribution by television serials and cinemas for the increase in scandalous relationship in our country.

The bench on noting that the queries raised are neither opinion nor finding or conclusions of this Court, sought to know whether television serials and cinemas offer clues to people involved in clandestine relationships to commit the offences including murders and kidnapping and whether spouses are increasingly engaging paid killers to get rid of their life partners.

The other queries raised dwelt on whether internet which offers social media platforms like Facebook, Instagram and WhatsApp contribute to the spurt in illegal affairs and whether is it a fact that scandalous relationships are due to the conduct of arranged marriages contrary to the wishes of either the bride or bridegroom.

The bench also sought to know as to why the Centre and State should not constitute an expert committee headed by either a retired Supreme Court or High Court Judge, consisting of experts like psychologists, psychiatrists, to study and analyze the reasons for the social menace and give solutions.

The main case pertained to a woman hatching a conspiracy to do away with her ex-lover through her present lover and friends. One of them part of the conspiracy had challenged his detention under Goondas Act, which was allowed by the bench citing various infirmities in his decision.