Indian
court rules that any couple who made love are legally married... and
would need to divorce if they want to sleep with someone else.
If an
unmarried couple made love 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.It
also said that once two people made love 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.
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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