If any unmarried couple of the right legal age
“indulges in sexual gratification,” this will be considered a valid marriage. They
could be termed “husband and wife,” as per a Madras High ruling.
As per the court 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.
As per the court “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.”
As per the judgment marriage formalities such as
the tying of a mangalsutra, the exchange of garlands and rings or the registering
of a marriage are only to comply with religious customs for the satisfaction of
society.
As per the order either party to a relationship
could approach a Family Court for a declaration of marital status by supplying
documentary proof for a sexual relationship.
As per the order 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’.
The judge was of the opinion that a valid marriage
did not necessarily mean that all the customary rights pertaining to the
married couple are to be followed and subsequently solemnized.
Comments: A documentary proof is necessary to prove
that you have a sexual relationship between two partners. Like a DNA test of
the child, a consent by the partner while undergoing an abortion etc.
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