Sex, not rituals, would consummate marriage: Madras HC

Sex, not rituals, would consummate marriage: Madras HC

CHENNAI: Once the sexual relationship between a man and woman is consummated, they become husband and wife, and rituals such as tying thaali, exchanging garlands and circling fire pits are but formalities for societal satisfaction, the Madras high court has said.

"This court is of the view that if a bachelor has completed 21 years of age and a spinster is 18 years of age, then they can acquire the freedom of choice as guaranteed by the Constituion. If the couple chooses to consummate their sexual cravings, then the act becomes a total commitment with adherence to all consequences that may follow. Therefore, the usual marriage formalities such as tying of thaali, exchange of garlands, exchanging rings and circling around matrimonial fire pit or registering at a registration office, are to comply with certain religious customs and for the satisfaction of the society."

The main legal aspect for a valid marriage is consummation or sexual interaction between the adults, Justice C S Karnan held, adding that legal rights applicable to normal wedded couples will be applicable to couples who have had sexual relationships which are established.

The judge was passing orders on a petition filed by a Muslim woman, who sought maintenance for herself and her two children from her estranged husband. The woman in her case said that though they got married in 1994 and lived together till 1999, her husband deserted the family all of a sudden and refused to pay for its day to day expenses. The man, however, denied such a marriage and said he and the woman were merely co-employees at a footwear godown.

However, a Coimbatore court found evidence that they had lived together when a doctor informed during trial court that the man had signed all papers in his capacity as husband and also gave consent for the caesarian performed on the woman during her second child birth. The trial court ordered monthly maintenance of Rs 500 each to the children in 2000, but said the woman is not eligible for the relief as the marriage was not registered.

Justice Karnan, however, concluded that this is indeed a valid marriage because the two lived like husband and wife under one roof, and also begot two children. Both of them did not have any encumbrance or disqualification for solemnization of their marriage and the husband had openly and officially acknowledged her as his wife when he gave consent for the caesarian operation. "Illegitimate relationship does not arise in this case. Marriage solemnization is only a customary right and obligation, but not a mandatory one."

Because of their sexual relationship, they had been elevated to the level of husband and wife, Justice Karnan said, adding, "Therefore, the children born to them are legitimate children."
http://timesofindia.indiatimes.com/city/chennai/Sex-not-rituals-would-consummate-marriage-Madras-HC/articleshow/20635948.cms