(Image source from: Couple undergoing sex are legally married in India?})
If a person can prove that he or she had sex with another, a Family Court will declare the marriage to be logical - whether the other person approves or not, according to the judge.
Indian court implemented regulation governing conduct that any couple who undergoes sex are legally married at the same time would need to divorce if they want to sleep with someone else.
Any couple who have sex to be considered married, Madras High Court rules
This means they would also need to divorce should they break up
Either of them could register the 'marriage' if they can prove they had sex
The legal registration could be done without the other persons approval
An Indian court has brought into prominence a rule that if an unmarried couple undergoing sexual intercourse would be considered husband and wife at the same time would have to ‘divorce’ if they split. Furthermore, a judge at Madras High Court expressed that during the time two people of legal age, 18 for a woman and 21 for a man, undergoes sexual pleasure would be seen as a 'an act of total commitment' and marriage by law. 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 added that once two people have sex this ‘becomes a total commitment with steady devotion to all consequences that may follow’, inclusive of needing a decree of divorce should they want to sleep with someone else.
Furthermore, 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 had implemented regulation governing conduct that legal documents evidence of the couple’s life as spouses were more important rather than proof of marriage. Emphasis was also given in this case the man had signed the live birth report for the couple’s second child at the same time by means of that officially bringing into prominence the woman as his wife. Moreover, Judge Karnan said the couple advanced their marital life under the same shelter as well engender two children. Due to that factor the petitioner’s rank has been raised up as the wife of the defendant and likewise, the defendant's rank has been elevated as the husband of the petitioner at the same time the man was known to be instructed to pay the woman 500 rupees a month as a matter of maintenance as well as maintenance for their two children.
The implemented regulation governing conduct by the law in our nation seems to give opportunity for criminals and rapists to gain enjoying more rape. Arousing intense disgust while knowing that if a girl becomes rape victim then she has to get married with the rapist?
We are genuinely progressing in exploiting our national heritage and culture!
That's inadmissible likewise disgraceful!
(AW:Samrat Biswas)
