The couples who lived together as spouses are deemed to be married even though they not legally married - A Landmark Judgement
On last Monday The High Court of Madras passed a landmark Judgment by Justice Karnan awarding rights to couples who may not legally married but have lived together in every other way as spouses while ruling on the issue of domestic partnership.
Gems from justice Karnan’s order:
“...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… Legal rights applicable to normal wedded couples will also be applicable to couples who have had sexual relationships which are established...”
“...It is not disputed that the petitioner has been a spinster before she gave birth and that the respondent was a bachelor before developing sexual relationship with the petitioner. Both of them 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. Therefore, the children born to them are legitimate children and the petitioner is the legitimate wife of the respondent...”
He said that either party to a relationship could approach a family court for a declaration of marital status by supplying documentary proof for a sexual relationship. In this case, the man had officially admitted that the woman was his wife, by signing the ‘live birth report’ of his second child and giving his consent for a Caesarean section for the birth, according to the court. Furthermore, he ordered the ‘husband’ to pay monthly maintenance of Rs 500 to his ‘wife’
But the said judgment not at all ruling that all pre-marital sex by an unmarried couple of legally marriageable age is considered married, and the ‘husband’ in such marriage cannot marry someone else without getting a court decree of divorce from the ‘wife’ as reported in THE HINDU. However the above Judgment elevates the status of the couples as Husband and wife had continuous sexual relationships and lives together as spouses as live in relationship even though they are not legally wedded.
Conclusion:
It is a landmark and progressive judgment benefits and protects women who are always victims of pre marital or non marital sex.
About: Sneha Jaiswal - ♀ GeekUpd8 Author 
An Advocate enthusiast from Delhi, India. She joined us in Law Reporter (a Geek Upd8 law project) in June,2013. She is very interested in criminal and cyber laws.
mam, if m nt wrng, a prsn can force his fioncee for to commit such thngs,even if a year is stil remaining for der marriage, & wud easily say dat itr no wrong as d hon'ble court permits him for such act. Mam, its a matter of gr8 cncrn nt bcoz dese rituals to wich d court is describng as only d formalities is wrong, even dat judge wud hav performd such rites, i challenge. Madam sorry to say bt indian judges hamesha hi aisa krte,aur badme inke failaye hue raayte ko s.c. Ko saaf krna padta h.. Aap sahi keh rhi h, bt aap dekhiega k law breakers r alwez ahead of law makers
ReplyDeletePlease use full spelling - the above is totally illegible!
DeleteIf you have a point, you are failing to make it...
and what about sec 7 of hindu marriage Act which requires saptpadi and other ceremonies and various judgement of s.c which mandates saptpadi. I think s.c shall overrule it bcoz it will have repercussion will not fulfill social purpose still sprit of judgement is appreciable.
ReplyDeletejudgement only discreation of judge
ReplyDeletecan u give me. no/listing os the judgement...or where it is notified?
ReplyDeleteWe'll update the judgement very shortly right here
ReplyDeleteCouples in India who have premarital sex to be considered 'married' : Madras High Court, posted on Geek Upd8, thanks to Advocate Sneha Jaiswal, Punit, Jatinder - http://g8.geekupd8.com/207
ReplyDeleteCreative Discussion. In India No one knows what is Law & not!
ReplyDeleteThis Judgment, adds more flavour for confused Citizens.
While Cases in Police & Courts increase!
Cases shall pull on for long years in interpretation of law
Advocate Rajesh Parmar (HP high court Shimla) this is not a landmark judgment. Every case has its own facts. Though discretion of Hon'ble Judge is welcome able.
ReplyDeleteAdvocate Rajesh Parmar (HP high court Shimla) this is not a landmark judgment. Every case has its own facts. Though discretion of Hon'ble Judge is welcome able.
ReplyDeleteThis is not a landmark judgment and can not be used in all cases. Here couple have lived together and had two children also and that is more than just living together before marriage.
ReplyDeleteWhat if a woman have sex on pretext of marriage with a man and then in future refuses to marry... What about such person. Our law is totally biassed. Women shall be kept as were treated in past era. Thats better. If you want to give them rights then give responsibility also.
ReplyDeleteIndian judicairy is becoming more and more emotional and personal....judgements are mostly nit based on law but on personal views of judges...where will law and justice survive ...judge applies logic in case of women but in case of men...they speak only law not logic...pity on this nation...
ReplyDeleteCan i ask one question ..if premarital sex is equivalent to marriage then many girls and modern day feminists say having pre marital sex is there right ..now the question how can one women who marries a man if had pre marital sex with someone can become his wife....so as per ruling and law she cannot be wife of two persons...day by day indian n its judicial system is becoming more confusing and conflicting in every perpective bcoz of some illogical judgements being given
ReplyDeleteso now having sex is equivalent to getting married!! wow, woman protection law they say. and women now have unfair advantage and can use it immorally they don't say. sex is a natural biological act between two human beings irrespective of gender, religion, ritual or anything. and in india, they always has to complicate that. earlier with bloody rituals, religious means, moral acts and now with laws too. pathetic!
ReplyDeleteThis is an old order passed in 2013. Do not mislead people!
ReplyDeleteOne of my female friends have sex with many boys (including me). Now, is it so that if she claims, she can marry anyone of us? And what if we boys (everyone of us) wants to marry her? What will the court do?
ReplyDeleteFuck the indian law... evry1 sh0uld b treated equaly.. y the fuck they pass judgements and laws on emotion and logic. WhY only in the favour of women? What abt the men ? In cases Where there should be strict law and penalties they do nothng there.. fuck the system man
ReplyDeleteThis is lame.... sex cant be considered equal to marriage. No offense but what about the sex workers then? They can just go around and call anyone their husband or wife! In any couple, If both partner agrees, they will someday head to marrying themselves anyway..if not agree, they will apart. Why does court have to indulge in a personal issue as such!
ReplyDeleteBy this judgement, does sex with prostitutes makes it an arranged marriage..??
ReplyDeleteIncredible India!!!
I guess its a relief for the LGBT community, just have sex and provide proof of it.
ReplyDeleteYou are automatcally married. No more hue and cry about LGBT marriage.
I guess its a relief for the LGBT community, just have sex and provide proof of it.
ReplyDeleteYou are automatcally married. No more hue and cry about LGBT marriage.
By this judgement, does sex with prostitutes makes it an arranged marriage..??
ReplyDeleteIncredible India!!!
It is not a landmark judgment then why it has been updated and after three years still no update on that judgment
ReplyDeletedoes it mean for married spouse living with other having sex are again considered double marriage..
ReplyDeleteI regularly have sex with three different women. Also some of those women have sex with other men. Can we legalise group marriage using this verdict?
ReplyDeleteI think SC will overrule this if challenged sadly, my dream of a progressive India remains just a dream.
The Judgment is grossly against the provisions of Hindu Marriage Act. As per Section 7 unless essential ceremonies are not consummated marriage cannot be said to be Solemnized. Also, having sex is one thing and solemnization of marriage is another thing. By having sex one cannot become a wife. What would be status of a "Sex Worker" then ? To establishing legal rights arising out of a matrimonial relationship also, one has to be a lawfully weeded wife. Even if two persons are living like husband and wife, but if not officially married, then also, they cannot be terms as husband and wife. Live-in-Relationship cannot be equated with matrimonial relationship. It is absolutely incorrect and bad judgment.
ReplyDeleteSeems like we are moving towards more conservative era , If two persons are interested in establishing sexual relation then what is the harm ??, but the positive side of this verdict is that children born out of such relation will get legal status.
ReplyDeleteSeems like we are moving towards more conservative era , If two persons are interested in establishing sexual relation then what is the harm ??, but the positive side of this verdict is that children born out of such relation will get legal status.
ReplyDeleteSeems like we are moving towards more conservative era , If two persons are interested in establishing sexual relation then what is the harm ??, but the positive side of this verdict is that children born out of such relation will get legal status.
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