Q. Whether woman in a live-in-relationship who acknowledged the biological father of the child out of such a relationship, will have to be treated as a married woman ?

Kerala High Court has recognised the DECISIONAL AUTONOMY of a woman in a live-in relationship recognising the biological father of her child and the parental rights thereby flowing to him.

The married couple or unwed mother has to be understood in the backdrop of JUVENILE JUSTICE.

If a mother does not acknowledge any sort of relationship with the biological parent such mother has to be treated as an unmarried mother for the purpose of Juvenile Justice.

 A woman becoming a mother in a rape or sexual assault, or accidentally , does not want to recognise or acknowledge biological father; in such circumstances, such mother has to be treated as an unmarried mother ."

A. YES, ATLEAST  for the purpose of Juvenile Justice.

Q *. Whether or not the victim was capable of consenting to the sexual activity that resulted in her pregnancy will be addressed in the criminal proceedings before a trial court ?

A.  SUCHITA SRIVASTAVA & Anr vs CHANDIGARH ADMINISTRATION on 28 August, 2009 SC

An FIR has already been filed in the said matter and two security-guards from Nari Niketan are being investigated for their role in the alleged rape.

Q. Whether the victim's pregnancy could be terminated even though she had expressed her willingness to bear a child

and

Q. Whether her `best interests' would be served by such termination ?

A.  CONCLUSION :

• The victim's pregnancy cannot be terminated without her consent and proceeding with the same would not have served her ` best interests'.
• The language of the MTP Act clearly respects the personal autonomy of mentally retarded persons who are above the age of majority.
• Since none of the other statutory conditions have been met in this case, it is amply clear that we cannot permit a dilution of the requirement of consent for proceeding with a termination of pregnancy.
• That proceeding with an abortion at such a late stage (19-20 weeks of gestation period) poses  significant risks to the physical health of the victim.
• Lastly,   the NEED TO LOOK BEYOND SOCIAL PREJUDICES
• in order to objectively decide whether a person who is in a condition of mild mental retardation can perform parental responsibilities.

REVANASIDDAPPA & ANR VS MALLIKARJUN & Ors on 31 March, 2011 SC

Considering

 Article 37 in the context of the duty of judiciary ,  Justice Mathew in Kesavananda Bharati Sripadagalvaru v. State of Kerala and another [(1973) 4 SCC 225] held:

"...... no incongruity in holding, when Article 37 says in its latter part "it shall be the duty of the State to apply these principles in making laws", that judicial process is `State action' and that the judiciary is bound to apply the Directive Principles in making its judgment."

• Going by this principle, we are of the opinion that Article 39 (f) must be kept in mind by the Court while interpreting the provision of Section 16(3) of Hindu Marriage Act .
• Apart from Article 39(f), Article 300A also comes into play while interpreting the concept of property rights.
• Right to property is no longer fundamental but it is a Constitutional right and Article 300A contains a guarantee against deprivation of property right save by authority of law.
• In the instant case, Section 16(3) as amended, does not impose any restriction on the property right of such children except limiting it to the property of their parents.
• Therefore, such children will have a right to whatever becomes the property of their parents whether self acquired or ancestral.

 CONCLUSION  

• For the reasons discussed above, we are constrained to take a view different from the one taken by this Court in   JINIA KEOTIN (supra),   NEELAMMA (supra) and  BHARATHA MATHA (supra) on Section 16(3) of the Act.
• In order to protect the privacy of parties involved, the parties name shall be masked while uploading the judgment .
• Publishing the names of parties is prohibited without their consent. We noticed in certified copy issued by the Family Court name of adoptive parents is disclosed.
• Confidentiality of adoptive parents have to be maintained in public portal and adoption records under Regulation 45 of the Adoption Regulations.
• We direct the Registrar (District Judiciary) to give *necessary directions to all the Family Courts in the State to mask the names of adoptive parents while issuing the certified copies .
• A woman's womb is precious possession of her personhood and no one can claim right over it; except with her consent.
• Where she so consented and acknowledged the biological father, any such denial would amount to encroaching up on her decisional autonomy and freedom to choose,

A.Muhamed Mustaque, J.

• The death is not the greatest loss in life.
• The greatest loss is what one dies inside us while we live.
• This case unbundle the trauma of a couple in a live-in relationship, isolation of a single mother,
• love of mother for her child,  rights of biological father,  entangled in legal vortex .
• In the State where we boast cent percent literacy, our ATTITUDE TO WOMAN IS DESPISING ;
• a single mother has no financial or social support.
• She faces emotional challenges and forced to believe she is destined to be isolated as result of
• guilt.
• She gets hardly any support from the system.
• It is time for the Government to evolve a scheme to support the single mother .
• The anomie Anitha had to face as a single mother is the hurdle created by the society.
• Anitha never attempted to exterminate her womb; she bore the pain to give birth; like every
• mother she loved to care the child… but was not allowed by circumstances in the society.
• She thought without support of man, she cannot survive .
• If a woman feels she is nothing without the support of the man that is the FAILURE OF THE SYSTEM.
• She shall not succumb to the temptation of giving up.
• The power of human in this Universe is the power of motherhood.
• It is for the State to make her realize that her struggle with the forces undermining her existence can be validated with the support of rule of law.
• That self belief must be her identity and respect due to her.