In the Honorable Supreme Court of love
At Friendzoneland
Writ Petition No. 69 of 2016
Under Article 32 of the Constitution of India read with Order VII, Rule
2 of the Supreme Court Rules, Love story 1947
In The Matter of:
prem & Ors……………………………………………..........................................Boyfriends
Versus
priya & Ors……………………………………………………………..........................Girlfriends
-
Memorial on Behalf of Boyfriends
Cases
Pinkiben
w/o Harikesh Bharat Lal Soni V. State of Gujarat R/CR.MA/17920/2014
Reports
Peoples Union for Boyfriend's Liberty( PUBL), 4th Report on Gender
Equality, 2010.
Books
James E L, Fifty Shades of Grey, 2011
Bhagat Chetan, Half
Girlfriend, Roopa & Co. 2014
Kalia
Tanuj, Law As a Career, LexisNexis,
1st Edition, 2015
Vatsyana, Kamasutra,
400 BCE
Websites
http://manupatra.com/
http://www.lawctopus.com
·
Prem Kumar, a bright student of
a prestigious law school in India has been spending most of his campus time
with his attractive batch mate Priya for about three semesters now. He has been
planning for weeks to ask her out officially on this Valentine day.
·
It is of importance to note
that he has been helping her out with projects, moots and assignments in the
hope of spending more quality time with her and Priya used to thank him with
kissing smiley, heart shaped emoticons, xoxo and other affectionate smiley’s
available on several social networking sites and apps.
·
On the evening of 7th
Feb, 2016, when Prem approached Priya with a red rose, she appreciated the
gesture and thanked him for that. Similar incidents occurred on chocolate day
and teddy day i.e 9th Feb, 2016 and 10th Feb, 2016
respectively. Details of the expenses accrued have been attached with the
petition as Annexure- A.
·
The cause of action however
arose on the eve of Valentine day when Priya was chatting with Prem on whatsapp
and cribbing about how she has no one special in her life. Grabbing the right
opportunity, Prem asked if she would be his Valentine.
·
She replied and I quote” Lol !
You are such a sweet guy. Thank you :*”. On being asked if that means ‘Yes’ she
replied “ ROFL, You are so funny”.
·
When Prem had enough of this he
confronted her directly and discovered that she likes him but only “As a
friend” and that she hopes someday she finds a nice guy like him.
Hence the matter is before this Honorable
Court
1) Whether such
atrocities on ‘Nice Guys’ be allowed to continue while they suffer in silence,
struggling to come out of the friend zone ?
2) Whether the
prevailing practice that boys alone should buy gifts without expecting anything
in return is a violation of Article 14 and 19(1)(a) of the Constitution of
India.
Arguments Advanced
1) Whether such atrocities on ‘Nice Guys’ be allowed to continue while they suffer in silence, trying to come of the friend zone?
In the light of the above definition, it is argued that this is the most misused tool in the hands of the opposite gender as they make it explicit that they want a nice guy to date but when guys act like nice guys to impress them they leave them hanging and go after a jerk.
Similarly, the word ‘Friendzone’ as described by the Urban dictionary reads “ What you attain after you fail to impress a woman you're attracted to. Usually associated with long days of suffering and watching your love interest hop from one bad relationship to another”
Therefore it is argued that there’s an urgent need to review the broken dating system in the country and revamp the dating rules by giving incentives to guys for being “nice” and setting them free from ‘Friendzone cell’, allowing them to experience love in its true sense.
Therefore it is argued that there’s an urgent need to review the broken dating system in the country and revamp the dating rules by giving incentives to guys for being “nice” and setting them free from ‘Friendzone cell’, allowing them to experience love in its true sense.
Arguendo
Where the un-amended definition of friend zone is ambiguous and has been interpreted by the court not exhaustively but tentatively, the definition of friend zone must at least be interpreted to accommodate “Friends with benefits”.
2)
Whether the expectation that boys alone should
buy gifts without expecting anything in return is a violation of Article 14 and
19(1)(a) of the Constitution of India?
However discrimination on the basis of sex can easily be seen when it comes to paying restaurant bills or buying gifts. While boys try to get the most exotic of chocolates, largest of teddy and reddest of roses for their prospective Valentines, they have to compromise on hug and kiss day. The apex court in a series of judgments has made it clear that hugging the teddy and kissing the roses doesn’t count.
Article 19(1)(a) secures to every citizen the freedom of speech and expression. However every time a ‘nice guy’ tries to express his true feelings, unreasonable restrictions are imposed on the same.
Gujarat High Court recently in Pinkiben w/o Harikesh Bharat Lal Soni V. State of Gujarat, has observed that the greatest mistake a couple makes in their relationship is that they listen half, understand quarter, think zero and react double.
Therefore it is important for the ‘girl friends’ to listen carefully what the ‘nice guys’ are trying to say before branding them as ‘Despo’ and ‘Chep’.
Considering the abovementioned factors and the fact situation in hand, when the petitioner had already went so far as to spend so much on gifts throughout the valentine week without any objection from the other party, by no stretch of imagination can the friendzoning by the respondent be justified.
1) Issue the writ of Mandamus to direct the government to notify that discrimination on the basis of sex will not be tolerated in any relationship and the present criteria of friend zoning should not continue to be the law of the land.
Considering the abovementioned factors and the fact situation in hand, when the petitioner had already went so far as to spend so much on gifts throughout the valentine week without any objection from the other party, by no stretch of imagination can the friendzoning by the respondent be justified.
Wherefore in the light of facts
stated, relationship issues raised, logical arguments advanced and relevant
authorities cited, it is most humbly and respectfully prayed before this
Honourable Court, that it may be pleased
to,
2) Order appropriate compensation based on the expenses accrued on gifts along with psychological and physical damage.
And Grant any other order in
favour of the Petitioners as the Honourable Court may deem fit in the interest
of love, affection and romance.
All of which is most humbly and respectfully submitted.
Date: 14th Feb, 2016
NGS
Place: Friendzoneland Counsel
for the Petitioner
