The
Madras High Court on Tuesday said a couple in a consensual sexual relationship
will be considered 'married'. The
judgement came during an alimony hearing. The mother of two, Aysha, was left by
the man, who fathered her children. A court in Coimbatore had directed the man
to pay maintenance for the children. However, the woman was denied alimony as
she did not have valid documents of a marriage.
The
Madras High Court granted her alimony, saying,
"Physical
consummation between a man above 21 and a woman above 18, arising out of sexual
cravings would be considered a valid marriage. Even if the girl does not become
pregnant after having a sexual relationship with a man but if there is strong
documentary evidence to show such existence of such a relationship, then also
the couple involved in such acts would be termed as wife and husband. If both
decide to separate, the husband cannot marry without getting a decree of
divorce from the court."
It
is true that sexual relations are the ultimate fulfillment of a couple becoming
“one flesh”. But the high court hearing undermines the social aspect of
marriage. It’s not just a means of sexual satisfaction but of understanding,
commitment, respect and most importantly love. Apart from social aspect it has
a legal status along with lots of responsibilities and bindings, which sexual
intercourse does not deal with.
Seen
through different perspective the judgement is significant as it gives an
altogether new definition of marriage. A marriage will no longer to be
considered a ritual but an act of substance. In essence it is a way of
regulating the ‘live- in’ relationships and where there is a presumption of
marriage. Thus, recognizes the rights of
a woman and offer her adequate legal protection.
Society may find it difficult to digest the
ruling. Also it is difficult to produce the documentary proof of
the sexual intercourse. Thus, both negative
and positive effects need to be considered.
In my view a more comprehensive view needs to
be taken.
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