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
House of law: The ruling came in a case of
spousal maintenance at Madras High Court in India where a man was ruled
to pay his former 'wife' as their children was proof of them living as a
married couple
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.
DAILYMAIL
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