Family courts,Marriage law
Premarital Sex and Marriage : An analysis by Madras High Court
01 Apr 2016  |  Views: 36  | 
Tanushree Sharma

The Madras HighCourt's judgment dated seventeenth June 2013 turned into a reason for debateand much cleverness on social and other media all through the country. The judgmentevidently assigned premarital sex as a method of solemnizing a marriage. Dailypapers and news channels concocted their own particular appealing features andalong these lines the news was deciphered by individuals in their own specificmanner and as indicated by their own comprehension.


Actualities of the case

A Hindu lady and amuslim man were living under one rooftop and had sexual relations. The ladybrought forth two kids somewhere around 1994 and 1999. Records demonstratedthat the man was the father of the second youngster and that he had connectedfor a family card for himself, the lady and the two kids. The marriage was notenrolled in the Islamic marriage register. The lady was forsaken by the man in1999 and the lady in 2000 petitioned for upkeep for her and the two youngstersfrom the man.


High Court's Judgment

The High Court orJustice CS Karnan was of the perspective that a "substantialmarriage" does not as a matter of course imply that all the standardrights relating to the wedded couple are to be taken after and in this mannersolemnized. Solemnization of marriage is just a standard right and commitmentand not a compulsory one. In the moment case, both man and the lady livedrespectively as life partners and consequently the relationship between themcan't be termed as "illegitimate". The Court was of the perspectivethat " if a lady matured 18 or above has a sexual association with a manmatured 21 or above, and over the span of such relationship, if the lady getsto be pregnant, she would from this time forward be dealt with as the wife andthe man would be dealt with as the spouse. Regardless of the possibility thatthe young lady does not get to be pregnant in the wake of having such sexualassociation with a man yet in the event that there is a solid narrative proofto demonstrate the presence of such relationship then likewise the coupleincluded would be termed as wife and spouse."

The Court expressedthat the marriage customs like trade of laurels or rings or hovering around themarital flame pit or enlisting of marriage at an administration office are justfor the fulfillment of the general public and the principle legitimate anglefor substantial marriage is culmination or sexual communication. In this mannerthe legitimate rights and commitments relevant to a typical married couple willlikewise be appropriate to couples who have had sexual connections which havebeen built up.

Assault of the Mediaand "SocialNetworks"

"Couples WhoIndulge in Premarital Sex to be Considered Married: Madras High Court" –India Times

"Couples whohave premarital sex to be viewed as 'wedded'- Madras HC" – The Hindu

"Pre-conjugalsex breaks even with marriage, says Madras HC" – Hindustan Times

Plainly, the dailypapers attempted to pass on the essence of the fifteen page judgment in oneappealing feature. Despite the fact that they succeeded in getting everybody'sattention except in the meantime, tricked a large portion of the perusers.Without experiencing the judgment and realities of the case, individualsplanned assessments of their own. This was trailed by a multitude of tweets andannouncements on twitter and facebook, taunting the choice of the HonorableCourt.


To comprehend thejudgments, one needs to look at the certainties of the case. For the situation,a poor lady who had been betrayed by her spouse, was requesting a month tomonth upkeep. The spouse and the wife had been living respectively for aconsiderable length of time under one rooftop and had kids. The spouse raisedthe conflict that the marriage was not authoritatively enlisted and subsequentlyinvalid. Accordingly, to guarantee equity, the Court held that the sexualrelationship itself solemnized the marriage. We are not discussing a one-nightstand or an undertaking which continues for a considerable length of time yet arelationship which proceeded for a long time and out of which, youngsters wereconceived.

The Madras HighCourt emphatically protested the feedback of the decision. Equity CS Karnan,who gave the judgment said "the court has given the lawful alleviation tothe influenced lady and without completely comprehension the court's judgment,unfriendly remarks might not be passed."

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