india-news

Couples who have premarital sex to be considered 'married': Madras High Court

Chennai, June 18 : 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 (Posted on 19-06-2013)

india-news headlines

Laundry Project India to expand operations

BJP seeks stay on appointments, complains against PM's media advisor

Mother-son government will be defeated: Modi

Mirwaiz slams Geelani

Modi terms UPA 'mother-son' government, hits out at 'RSVP model'

Don't just be a voter, be a canvasser too: Modi to youth

BJP's charges of corruption against Congress false: Sonia

Poll panel chief refuses to respond to Azam Khan's allegation

Don't act like sole conscience-keeper of Kashmiris, Mirwaiz warns Geelani

Awaiting report on Ajit Pawar's alleged threat: EC

PM greets people on Easter

PM wasn't heard, didn't leave any footprints: Arun Jaitley

Quick Links: Goa | Munnar | Pondicherry | Free Yearly Horoscope '2014

Comments

Your e-mail:


Your Full Name:


Type verification image:
verification image, type it in the box

Message:

Back to Top