Manish Sabharwal

The second secession


Manish Sabharwal

SC prefers the word ‘keep’ for a man's lover

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The Supreme Court on Wednesday dismissed a petition by a women's group seeking withdrawal of the controversial phrase "keep" used by it in a judgement in which it held that a "one night stand" with a man would not entitle a woman to maintenance.

A bench of justices Markandeya Katju and T S Thakur rejected the Mahila Dakshat Samiti's petition on the ground that it had no locus standi (legal right) to question the judgement since it was not a party to the matrimonal dispute in which the judgement was passed.

In the judgement delivered on October 21 last year, the apex court had held "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 country's lone woman Additional Solicitor General Indira Jaising and Vinay Bhardwaj, Vice President of the Samiti, expressed dissappointment at the apex court's refusal to withdraw the "derogatory remark."

The bench in a terse order today said "application for permission to file a review petition is rejected. This review petition has been filed on behalf of Mahila Dakshat Samiti seeking review of this court's order dated 21st October, 2010 whereby the appeals were allowed.

"Mahila Dakshat Samiti was not a party before this court or before the High Court or trial court. Having carefully gone through the review petition and connected papers, we see no reason to grant permission to Mahila Dakshat Samiti to file this review petition. Hence, the application for permission to file review petition is rejected."

The apex court in the judgement had ruled that a woman in a live-in relationship is not entitled to maintenance unless she fulfils certain parameters and said merely spending weekends together or a one night stand would not make it a domestic relationship.

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