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2014 Supreme(SC) 320

B.S.CHAUHAN, J.CHELAMESWAR
UDAY GUPTA – Appellant
Versus
AYSHA – Respondent


ORDER

1. Permission to file special leave petition is granted. This petition has been filed by an Advocate of this Court though not a party before the Madras High Court wherein the judgment impugned dated 17.6.2013 had been passed in Criminal R.C. No.674 of 2007 making certain observation regarding the relationship between man and woman and particularly the institution of marriage.

2. Mr. M.R. Calla, learned senior counsel appearing for the petitioner has submitted that the observations made by the High Court that “a valid marriage does not necessarily mean that all the customary rights pertaining to the married couple are to be followed and subsequently solemnized” are not legally tenable. It has been pointed out by Mr. Calla, learned senior counsel that such observations demolish the very institution of marriage itself, and therefore, are liable to be set aside.

3. In view of the nature of the order we propose to pass, we do not consider it necessary to issue notice to anyone.

4. We have gone through the judgment and order impugned and perused the record of the case.

5. We are of the view that such observations had been made in the facts of that case. In fact, what the learned J





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