Senior govt lawyer objects to use of word ‘keep’ in judgement on live


New Delhi: A senior government lawyer on Friday created a flutter in the Supreme Court by strongly objecting to the use of the word “keep” in a judgement on the right of maintenance of women in live-in relationships.

An angry Additional Solicitor General Indira Jaising told a bench of Justices Markandey Katju and T S Thakur that the word used in the judgement was highly objectionable and needed to be expunged.

“How can the Supreme Court of India use the word kept in the 21st century against a woman. Can a woman say that she has kept a man?” she asked.

She told a stunned court that “I would like to move an application to get the remarks expunged. I do not want to appear before this court, I would like to withdraw myself”.

Jaising wondered how the highest court of the country could use such an expression against a woman.

At this juncture, Justice Katju, who was heading the bench, told the ASG to confine herself to the case before the court.

However, Justice Thakur intervened and asked her whether the expression concubine would have been more appropriate than the word keep.

To this, the ASG submitted that her objection was mainly to the word keep in the judgement delivered on Thursday by the bench.

Jaising was involved in the framing the Protection of Women from Domestic Violence Act.

In an important verdict, the Supreme Court had on Thursday held that a woman in a live-in relationship is not entitled to maintenance unless she fulfils certain parameters. (Read: For palimony, prove it’s not just sex, says Supreme Court)

It had also observed that merely spending weekends together or a one night stand would not make it a domestic relationship.

The bench had said that in order to get maintenance, a woman, even if not married, has to fulfill the following four requirements:

(1) The couple must hold themselves out to society as being akin to spouses; (2) They must be of legal age to marry; (3) they must be otherwise qualified to enter into a legal marriage including being unmarried; (4) they must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time.

“In our opinion, not all live-in relationships will amount to a relationship in the nature of marriage to get the benefit of the Act of 2005 (Protection of Women from Domestic Violence Act). To get such benefits the conditions mentioned by us above must be satisfied and this has to be proved by evidence.

“If a man has a ‘keep’ whom he maintains financially and uses mainly for sexual purpose and or as a servant, it would not in our opinion be a relationship in the nature of marriage,” the court had said. (Blog: ‘Keeping with the times?’)

The apex court had passed the judgement while setting aside the concurrent orders passed by a matrimonial court and the Madras High Court awarding Rs. 500 maintenance to D Patchaiammal who claimed to have married the appellant D Velusamy.

[Story Source] [Contest win Rs 1000-100,000 now]

This post was submitted by Chinmaya Kumar Nayak.

Related Posts
How to avoid misunderstandings before moving in together?

How to avoid misunderstandings before moving in together?

Moving in together is a very important step forward in your relationship. Find out how to avoid possible misunderstandings.Moving in together with your partner is an important step forward in your rel...
Bad News For Coffee Drinkers Who Get Headaches

Bad News For Coffee Drinkers Who Get Headaches

People who consume high amounts of caffeine each day are more likely to suffer occasional headaches than those with low caffeine consumption, researchers in Norway have found. But, oddly enough...
 	Rahman to perform at Oscars

Rahman to perform at Oscars

Download WallpaperA R Rahman, India’s pride at the Oscars this year as well, will give a live performance at the 83rd Academy Awards at Kodak Theatre in Los Angeles on Feb 27 (US Time). Rahman, who ha...
Sonali Bendre denies wardrobe malfunction

Sonali Bendre denies wardrobe malfunction

Sonali rubbishes her wardrobe malfunction story and also claims that the quote attributed to her is utterly ridiculous. Reports regarding Sonali Bendre's wardrobe malfunction when she attended Karan J...
Salman and Kangana share a love-hate relationship!

Salman and Kangana share a love-hate relationship!

The latest buzz in tinsel town is that Salman Khan and Kangana Ranaut have mend ways. Buzz was in the air that Kangana was Salman’s favorite girl early in 2010.The duo was spotted together at several ...
I am superstitious: Celina Jaitley

I am superstitious: Celina Jaitley

The love bug has bitten Celina Jaitley too, so much so that she even got engaged recently. The guy in question is Peter Haag, a Dubai-based hotelier, whom Celina met through her family only 10 months ...

Leave a Reply

We will keep You Updated...
Get Free Email Newsletter from VoteUpIndia Sign up for our free email newsletter. (Help?)
Read latest headlines in your favorite news reader
Follow VoteUpIndia  on Twitter Become a VoteUpIndia Fan on Facebook Subscribe to VoteUpIndia in Google Reader Add VoteUpIndia  to My Yahoo Add VoteUpIndia  to Netvibes Subscribe to Free Techie Buzz RSS Feed
Sponsored Links
Featured Video
Best Storytellers
Powered by Authors Widget
Recent Posts

McDonald's Suspends Employee, Probes Child's Eviction From Pune Outlet

PUNE: After reports emerged that an eight-year-old destitute child was thrown out of an outlet of...

Why Arjun Made a Humble Request to Cast Sonakshi in Tevar

It's all about wearing your Tevar, this new year. Arjun Kapoor looked dapper at the initial promotions...

5 things Modi needs to do ASAP, after Bihar loss

It's not correct to transpose the outcome from a state election as a referendum on the central government,...

Sehwag's half century in All Star tournament.

The first match has been really special. We thoroughly enjoyed being here. New York, you were brilliant....

Bihar Defeat May Lead to Silent Rebellion in BJP Against PM, Amit Shah: Arun Shourie to NDTV

NEW DELHI: In the aftermath of the BJP's debacle in Bihar, Arun Shourie, one time admirer of Narendra...

Court Refuses to Stop Gillette Razor Ad Starring Deepika Padukone

New Delhi: The Delhi High Court has refused to stop a Gillette razor advertisement starring Deepika...

Bigg Boss 9: Roopal Tyagi voted out of the house

TV actor Roopal Tyagi was evicted from reality show Bigg Boss on Sunday’s episode. Roopal is the...
Recent Comments
How i can submit my story...? and where i can see the staus of votes for this?
IFFI lose its art value,so it became lose it commercial value
Dear sir I am sending an article which is based on true story and needs your help to lime light such incidents which never come in
Thanks for the interesting article. Great Post. Keep it up
It is indeed heartening to learn that LSE, the world leader in higher education, will join hands with the most admired Reliance Foun
Tag Cloud