Premarital sex equals "marriage": Madras HC

Last Updated: Tue, Jun 18, 2013 18:38 hrs

The Madras High Court in a judgement on Monday said if any adult unmarried couple indulge in a sexual relationship, they could be termed "husband and wife", said reports.

The court said that a 21-year-old bachelor and an unmarried woman of 18 years, acquire the freedom of choice guaranteed by the Constitution.

As a result, 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, it ruled.

According to the judgement of the court, the other formalities related to a marriage including the religious customs are only followed to satisfy the society.

The court said if necessary either party to a relationship could approach a Family Court for a declaration of marital status by supplying documents as proof for a sexual relationship.

After obtaining such a declaration, the couple could be established as married in government records.

The court also said if after having a sexual relationship, the couple decided to part ways, the ´husband´ will not be permitted to get married without getting a decree of divorce from the ´wife´.

Justice C.S. Karnan passed the order while modifying an April 2006 judgment of a Coimbatore family court in a maintenance case involving a couple, The Hindu reported.

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