Tag Archives: Law

Protecting a Live in Couple – A recent Case – A problem in India

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Law is not clearly defined in India for live in relationships. These are new social problems. Law has yet to catch up with them.

A recent case

Boy was 18 plus. Adult. But marriage age defined by law is 21. He cannot marry legally.

Girl was 22 plus. Adult. Marriage age defined is 18 for girls.

Strange situation.

She can legally marry boy but boy cannot legally marry her until he crosses 21 age.

The Problem.

They were in love since four years. Father of girl was forcing her to marry elsewhere. She left home. Started living with boy.

LEGAL TROUBLE

Father registered a complaint with police that girl was minor. The boy had kidnapped her. The idea of father was to get girl back by using police power and marry her off somewhere else and to put boy in jail.

The couple went into hiding. Father of boy came seeking legal help.

LEGAL STEPS TAKEN

A petition was filed in Supreme Court stating details, seeking help against abuse of police power. Directions were asked against police and against father of girl.

A FURTHER most important direction was sought:

In 2006 Supreme Court has issued directions to all police stations to protect inter caste love bird marriages. It was prayed that this directions may be further clarified to include live in relationships.

PROCESS:

A copy of petition was sent immediately to police station and to father of girls. Dispute got resolved within hours. It was not necessary to move further the petition filed in Supreme Court. The couple is today living happily.

But problem lingers on for such other couples in India.

Terms and Coditions – On interenet, we sign without reading – are they binding?

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We download an application from internet. Upfront a screen comes up asking us to agree there “terms and conditions” , which include that they will change conditions any time and such future change will also bind us.

Are such conditions binding on us? If we refuse to agree, we are denied access to application. It means, we have to say Yes under coercion. We are forced to sign.

Do you think such conditions are legally valid and binding on you?

Whatever is your answer, you may be right. I am not sure.

I am not sure because the world of internet was unknown to makers of Contract laws when they framed this law. The law is developing everyday

The basic principle of a contract is this:

PARTIES TO AN AGREEMENT MUST BE AD IDEM WHILE SIGNING THE AGREEMENT.

It means both the parties must be knowing and agreeing at time of signing about what they are agreeing to. Then only such agreement can be binding.

Whether parties knew what they were signing or not, it is question fact which can only be determined by a court or an arbitrate authority.

There are cases in Indian Court where terms and conditions on website are held not binding unless they are specifically brought to notice of party.

There are cases in Indian courts where it has been held that terms conditions printed in fine prints are not binding unless they were explained to party

The basic idea is : Justice demands that parties are given explicit understanding of terms so as to cause a binding agreement