LAWS(GJH)-2017-2-211

BHANJIBHAI ANANDBHAI CHAVDA Vs. STATE OF GUJARAT

Decided On February 21, 2017
Bhanjibhai Anandbhai Chavda Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) "Heav'n has no Rage, like Love to Hatred turn'd, Nor Hell a Fury, like a Woman Scorn'd" William Congreve.

(2.) "There is an old Jewish saying "if you are close when you should be distant, you will be distant when you should be close". It is for both the man and woman to restrain themselves and not to indulge in intimate activities prior to the marriage. Undoubtedly it is the responsibility, moral & ethical, both, on the part of men not to exploit any woman by extending false promise or through devious acts to force or induce the girl for sexual relationship. But ultimately, it is the woman herself who is the protector of her own body. Promise to marry may or may not culminate into marriage. It is the prime responsibility of the woman in the relationship or even otherwise to protect her honour, dignity and modesty. A woman should not throw herself to a man and indulge in promiscuity, becoming source of hilarity. It is for her to maintain her purity, chastity and virtues".

(3.) Many people today consider marriage solely in terms of biology, sociology or culture. When marriage and family life are viewed in a merely naturalistic manner, they lose all reference to God and are no longer rooted in the absolute values or founded upon divinely ordained truths. One result is that the premarital sex, trial marriage, and cohabitation are a commonplace today. Adultery, divorce, and remarriage are treated casually. "Prenuptial contracts" are becoming a popular way to take out economic insurance against a likely future divorce.