Premarital Sex and Marriage: An Analysis by Madras High Court
By Team Legistify / 2016-04-02
The Madras High Court in a judgement said if any unmarried couple of the right legal age indulges in sexual gratification, it will be considered a valid marriage and they can be termed as husband and wife.

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The Honourable Madras High Court's on 17th June 2013, Passed a judgment which turned into a hot topic of debate in all over the country. The Judgment says, that "the premarital sex as a method of solemnizing a marriage." News Channels broadcasted their own particulars appealing features and along with these lines, the news was deciphered by individuals also.

Facts

The petitioner A, a Hindu, and respondent OH, a Muslim, lived under one roof, had sexual relations, and had two children between 1994 and 1999. There was documentary proof that OH was the father of at least the second of such children. There was also proof that OH had applied for a “family card” for himself, A and the two children. However, A’s marriage to OH was not registered in the Islamic marriage register - the Nikah book. In 1999 OH deserted A and her two minor children.

In 2000 she filed for maintenance of Rs 5,000 per month from him for herself and the two children, claiming that he earned Rs 25,000 per month from his business. OH denied that A was his wife, said she was a “dubious” woman who was his co-worker, and that there was no documentary proof of religious solemnisation of marriage between them.

The family court judge observed that though the two children belonged to the respondent and were each entitled to a maintenance of Rs 500 per month from OH, and while A was entitled to Rs 1,000 per month from OH towards litigation expenses, A was not the wife of OH in the absence of documentary proof supporting their marriage.

The Madras High Court in a judgement said if any unmarried couple of the right legal age indulges in sexual gratification, it will be considered a valid marriage and they can be termed as husband and wife.

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