If an unmarried couple have sex they are considered
husband and wife – and would have to ‘divorce’ if they split, an Indian
court has ruled.
When two people of legal age, 18 for a woman and 21 for
a man, ‘indulge in sexual gratification’ this should be seen as a ‘an
act of total commitment’ and marriage by law, a judge at Madras High
Court said.
The court said that the registering of a marriage as
well as a wedding ceremony were only formalities to gain society’s
approval.
Just married? Any couple who have sex could to be considered husband and wife, an Indian court has ruled
It also said that once two people have sex this
‘becomes a total commitment with adherence to all consequences that may
follow’, including needing a decree of divorce should they want to sleep
with someone else.
In addition, should either of the two wish to register
the ‘marriage’ they can have their marital status declared by a Family
Court as long as they can supply proof of a sexual relationship.
Once declared by the court, the person can be established as the other’s spouse – whether the other party approves or not.
‘Legal rights applicable to normal wedded couples will
also be applicable to couples who have had sexual relationships which
are established,’ the court declared in their ruling obtained by The Hindu.
No return: If a person can prove that he or she had sex with
another, a Family Court will declare the marriage valid – whether the
other person approves or not, according to the judge
The verdict came in a spousal maintenance case where a
lower court had ruled that a woman was not entitled to maintenance from
the father of her two children as there was no proof of their marriage.
Justice C.S. Karnan ruled that legal documents proving the couple’s life as spouses were more important than proof of marriage.
In this case the man had signed the ‘live birth report’
for the couple’s second child and thereby officially declaring the
woman as his wife.
Judge Karnan said the couple ‘led their marital life under the same shelter and begot two children.
‘Therefore, the petitioner’s rank has been elevated as
the “wife” of the respondent and likewise, the respondent’s rank has
been elevated as the “husband” of the petitioner.‘
The man was ordered to pay the woman 500 rupees a month in maintenance as well as maintenance for their two children.
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