Consensual sex can be termed marriage
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Chennai: Widening the definition of marriage, the Madras High Court ruled on Monday that if a single woman over 18 and a single man over 21 indulged in consensual sex they could be considered married.
Hearing a petition by a Muslim woman whose husband was refusing to pay her alimony claiming she was not his wife, Justice C.S. Karnan said if a woman over 18 had a sexual relationship with a man over 21 and became pregnant in the process she had every right to be considered his wife.
Even in the absence of pregnancy if there was strong documentary evidence to show the existence of such a relationship then too the couple involved could be termed husband and wife, the court said, making it clear that if they separated the “husband” could not marry without getting a decree of divorce from the court.
“The marriage formalities …viz, tying of thaali, exchange of garlands and finger rings, circling around the matrimonial fire pit or registering of marriage… are only to comply with religious customs for the satisfaction of society. However, if any couple, subject to their attaining the mand-atory age of freedom, indulge in sexual gratification, that would be considered a valid marriage,” the judge ruled.
Pointing out that even a regular marriage if not consummated can be deemed to be void, he said, “The main legal aspect for a valid marriage is consummation. Legal rights applicable to the normal wedded couples will also be applicable to couples who have had sexual relationships which are established.”
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