If
unmarried couples have sex they are considered husband and wife - and would
have to ‘divorce’ if they split, an Indian court has ruled.
When
two people of legal age, 18 for a woman and 21 for a man, ‘indulge in sexual
gratification’ this should be seen as a 'an act of total commitment' and
marriage by law, a judge at Madras High Court said.
The
court said that the registering of a marriage as well as a wedding ceremony
were only formalities to gain society’s approval.
It
also said that once two people have sex this ‘becomes a total commitment with
adherence to all consequences that may follow’, including needing a decree of
divorce should they want to sleep with someone else.
In
addition, should either of the two wish to register the ‘marriage’ they can
have their marital status declared by a Family Court as long as they can supply
proof of a sexual relationship.
Once
declared by the court, the person can be established as the other’s spouse –
whether the other party approves or not.
‘Legal
rights applicable to normal wedded couples will also be applicable to couples
who have had sexual relationships which are established,’ the court declared in
their ruling.
The
verdict came in a spousal maintenance case last year where a lower court had
ruled that a woman was not entitled to maintenance from the father of her two
children as there was no proof of their marriage.
Justice
C.S. Karnan ruled that legal documents proving the couple’s life as spouses
were more important than proof of marriage.
In
this case the man had signed the ‘live birth report’ for the couple’s second
child and thereby officially declaring the woman as his wife.
Judge
Karnan said the couple ‘led their marital life under the same shelter and begot
two children.
'Therefore,
the petitioner’s rank has been elevated as the "wife" of the
respondent and likewise, the respondent’s rank has been elevated as the
"husband" of the petitioner.‘
The
man was ordered to pay the woman 500 rupees a month in maintenance as well as
maintenance for their two children.
What the law simply meant was, sex can get
to a point of no return. If a person can prove that he or she had sex with
another, a Family Court will declare the marriage valid - whether the other
person approves or not.
Can we borrow such law in Nigeria? Will
this solve the problem of unwanted pregnancies and abandoned babies? Will it
reduce infidelity? One can’t help but wonder, what if…
In Nigeria? Let's begin from Calabar. But will this not add to our population problem?
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