Welcome to SPN

Register and Join the most happening forum of Sikh community & intellectuals from around the world.

Sign Up Now!

India Couples who have premarital sex to be considered ‘married,’ says High Court

Discussion in 'Breaking News' started by Admin Singh, Jun 19, 2013.

  1. Admin Singh

    Admin Singh
    Expand Collapse
    Admin SPNer

    Joined:
    Jun 1, 2004
    Messages:
    5,978
    Likes Received:
    5,043
    If any unmarried couple of the right legal age “indulge in sexual gratification,” this will be considered a valid marriage and they could be termed “husband and wife,” the Madras High Court has ruled in a judgment that gives a new twist to the concept of premarital sex.

    The court said that if a bachelor has completed 21 years of age and an unmarried woman 18 years, they have acquired the freedom of choice guaranteed by the Constitution. “Consequently, 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.”

    The court said marriage formalities as per various religious customs such as the tying of a mangalsutra, the exchange of garlands and rings or the registering of a marriage were only to comply with religious customs for the satisfaction of society.

    The court further said if necessary either party to a relationship could approach a Family Court for a declaration of marital status by supplying documentary proof for a sexual relationship. Once such a declaration was obtained, a woman could establish herself as the man’s wife in government records. “Legal rights applicable to normal wedded couples will also be applicable to couples who have had sexual relationships which are established."

    The court also said if after having a sexual relationship, the couple decided to separate due to difference of opinion, the ‘husband’ could not marry without getting a decree of divorce from the ‘wife’.

    Justice C.S. Karnan passed the order on Monday while modifying an April 2006 judgment of a Coimbatore family court in a maintenance case involving a couple. The lower court had ordered the man to pay monthly maintenance of Rs. 500 to the couple’s two children and Rs. 1000 as litigation expenses. The lower court observed that the woman’s wedding with the man had not been proved by documentary evidence. Hence, she was not entitled to maintenance.

    In her appeal to the High Court, the woman’s counsel contended that she was legally married and had two children in wedlock.

    Justice Karnan said he was of the view that a valid marriage did not necessarily mean that all the customary rights pertaining to the married couple are to be followed and subsequently solemnised. In the present case, the woman and her husband had no encumbrance or other disqualification for solemnising their wedding as per their customs. For solemnising a wedding, legal aspects should be placed on a higher scale than the customary aspects. In this case, the man had signed in the ‘live birth report’ of his second child and given his consent for a Caesarean section for its birth. As such, he had officially admitted that she was his wife.

    “Without legal encumbrance or third party interference or without affecting third party rights, both the petitioner and the respondent lived together as spouses and begot two children.” Therefore, the question of an illegitimate relationship did not arise. Wedding solemnisation was only a customary right, but not a mandatory one. Hence, the judge said, he was treating the couple as spouses in normal life.

    “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.”

    The judge directed the woman’s husband to pay her a monthly maintenance of Rs.500 from the date of petition, i.e. from September 2000. The arrears of maintenance up to May this year should be paid within a period of three months.

    http://m.thehindu.com/news/national...le4824017.ece/?maneref=http://t.co/9JFxiniscJ
     

    Attached Files:

    • Like Like x 3
  2. Loading...

    Similar Threads Forum Date
    UK Asian Gay Couples: Adoption is Still a Challenge Breaking News Jul 14, 2011
    Parental intrusion ruining couples' marital life: Delhi High Court Relationships Feb 20, 2011
    General Gender planned IVF treatment By Delhi Couples Hard Talk Aug 18, 2010
    Controversial Couples in India dying in 'honour killings' Hard Talk Aug 2, 2010
    Sikh News Samuhik Vivaha Samagam (Mass Marriages) of 18 Sikh Couples Performed in Hyderabad Breaking News May 13, 2009

  3. Ambarsaria

    Ambarsaria Canada
    Expand Collapse
    ੴ / Ik▫oaʼnkār
    Writer SPNer Contributor Supporter

    Joined:
    Dec 21, 2010
    Messages:
    3,366
    Likes Received:
    5,657
    How about non-physical sex as in immoral thoughts, dreams of ecstasy, visual touching, aural (as in saying/listening :sippingcoffeemunda:) touching, etc!

    Is the court going to provide complete and comprehensive description of the ACT (sex) . ?????????????? lol

    PS: Without being flippant, I believe the important aspect should only be that if your actions produce a child (both man and woman), you are accountable as though you are responsible parents, regardless of your marital status. Courts can address issues of criminality and irresponsibility like rape, consent, etc.
     
    • Like Like x 4
    #2 Ambarsaria, Jun 19, 2013
    Last edited: Jun 19, 2013
  4. Tejwant Singh

    Tejwant Singh United States
    Expand Collapse
    Mentor Writer SPNer Contributor

    Joined:
    Jun 30, 2004
    Messages:
    4,560
    Likes Received:
    6,989
    It is shameful to notice that the Justice of India is impotently not capable of passing any laws against rapes, incest, sexual abuse, sexual exploitation, domestic abuse, underage marriages but they can pass the laws to "solemnise marriage" when the adults get into sexual acts.

    @ Ambarsaria ji,

    There is no age requirement for that.

    Tejwant Singh
     
    • Like Like x 4
  5. Harry Haller

    Harry Haller United Kingdom
    Expand Collapse

    Moderator

    Writer SPNer Contributor

    Joined:
    Jan 31, 2011
    Messages:
    5,122
    Likes Received:
    7,948
    I guess visiting a brothel in India is going to get very expensive.......lol lol lol lol
     
    • Like Like x 4
    #4 Harry Haller, Jun 19, 2013
    Last edited: Jun 19, 2013
  6. Harry Haller

    Harry Haller United Kingdom
    Expand Collapse

    Moderator

    Writer SPNer Contributor

    Joined:
    Jan 31, 2011
    Messages:
    5,122
    Likes Received:
    7,948
    Just to voice another thought

    What happens to the Indian version of Charlie Sheen? would he be considered a bigamist?
     
    • Like Like x 2
  7. Tejwant Singh

    Tejwant Singh United States
    Expand Collapse
    Mentor Writer SPNer Contributor

    Joined:
    Jun 30, 2004
    Messages:
    4,560
    Likes Received:
    6,989
    Shaitaan changah bacha?!
     
  8. spnadmin

    spnadmin United States
    Expand Collapse
    1947-2014 (Archived)
    SPNer Supporter

    Joined:
    Jun 17, 2004
    Messages:
    14,551
    Likes Received:
    19,200
    I don't know, but he could be considered on his way to the poor-house. Lot's of mouths to feed or else!
     
    • Like Like x 1
  9. Kanwaljit Singh

    Kanwaljit Singh India
    Expand Collapse
    Apache Spark, Scala developer
    Writer SPNer

    Joined:
    Jan 29, 2011
    Messages:
    1,458
    Likes Received:
    2,147
    According to the clarification by the court, they also had kids and were perhaps raising them together. In a way, they were a functioning family and thus were 'married' with only paperwork pending.
     
    • Like Like x 2
  10. aristotle

    aristotle
    Expand Collapse
    SPNer Contributor

    Joined:
    May 11, 2010
    Messages:
    1,159
    Likes Received:
    2,654
    The Courts have cases of rape, molestation, rioting, genocide etc pending before them and instead they decide to be Nazis for teenagers who like to fool around.

    @harry haller Ji,
    Indian versions of Charlie Sheen will surely be miffed :D
     
    • Like Like x 3
  11. kds1980

    kds1980 India
    Expand Collapse
    SPNer

    Joined:
    Apr 4, 2005
    Messages:
    4,504
    Likes Received:
    2,738
    The courts are not becoming Nazis for teenagers .Recently Indian parliament raises age of consent for girls from 16 to 18 . So it means any boy having sex with below 18 year old girl will be treated as rapist. So Indian teenagers legally cannot fool around barring 18 -19 year old.

    Lets go deeper into judgement


    So according to supreme court guidelines you cannot approach court by merely spending weekend or one night stand .

    This is very women friendly statement and will help women which are living as wives but not legally wedded
     
    • Like Like x 4

Share This Page