Couples who have premarital sex to be considered 'married': Madras High Court
Chennai, June 18 (ANI): In what can be seen as a new twist to the concept of premarital sex, the Madras High Court has in a judgement said if any unmarried couple of the right legal age "indulge in sexual gratification," this will be considered a valid marriage and they could be termed "husband and wife.
The court said that if a bachelor has completed 21 years of age and an unmarried woman 18 years, they have acquired the freedom of choice guaranteed by the Constitution. "Consequently, if any couple choose to consummate their sexual cravings, then that act becomes a total commitment with adherence to all consequences that may follow, except on certain exceptional considerations."
The court said marriage formalities as per various religious customs such as the tying of a mangalsutra, the exchange of garlands and rings or the registering of a marriage were only to comply with religious customs for the satisfaction of society.
The court further said if necessary either party to a relationship could approach a Family Court for a declaration of marital status by supplying documentary proof for a sexual relationship. Once such a declaration was obtained, a woman could establish herself as the man's wife in government records.
The court also said if after having a sexual relationship, the couple decided to separate due to difference of opinion, the 'husband' could not marry without getting a decree of divorce from the 'wife'.
Justice C.S. Karnan passed the order yesterday while modifying an April 2006 judgment of a Coimbatore family court in a maintenance case involving a couple, The Hindu reports.
The lower court had ordered the man to pay monthly maintenance of Rs. 500 to the couple's two children and Rs. 1000 as litigation expenses. The lower court observed that the woman's wedding with the man had not been proved by documentary evidence. Hence, she was not entitled to maintenance.
In her appeal to the High Court, the woman's counsel contended that she was legally married and had two children in wedlock. (ANI)
Israeli air strikes kill at least 18 in Gaza after truce collapse
August 21, 2014 at 12:39 AM
Donetsk residents flee the city as shelling intensifies
August 20, 2014 at 11:21 PM
Memories of German WWI atrocities haunt Belgium
August 20, 2014 at 11:06 PM
Lebanese church distributes aid for Iraqi refugees
August 20, 2014 at 11:00 PM
Survivors enlisted in Sierra Leone's Ebola battle
August 20, 2014 at 10:49 PM
"SOUTH AUSTRALIAN PREMIER LAUNCHES DREAM TEAM 15 (NNIS EXCLUSIVE) "
August 20, 2014 at 9:53 PM