When two people of legal age, 18 for awoman and 21 for a man, ‘indulge in sexual gratification’ this should be seenas a 'an act of total commitment' and marriage by law, a judge at Madras HighCourt said.
The court said that the registering of amarriage as well as a wedding ceremony were only formalities to gain society’sapproval.
法庭说婚姻登记以及举办婚礼只是为了获得社会的认可。
It also said that once two people have sex this ‘becomes a total commitment withadherence to all consequences that may follow’, including needing a decree ofdivorce should they want to sleep with someone else.
In addition, should either of the two wishto register the ‘marriage’ they can have their marital status declared by aFamily 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.
法院一旦宣布夫妻关系后,提出婚姻登记的一方就成为了另一方的配偶——不管这另一方愿意与否。
‘Legal rights applicable to normal weddedcouples will also be applicable to couples who have had sexual relationshipswhich are established,’ the court declared in their ruling obtained by The Hindu.
“法院在裁决中还提到:“一般夫妻所享有的法定权利也同样适用于被确定发生性关系而结成的夫妻。”
The verdict came in a spousal maintenance case where a lower court had ruledthat a woman was not entitled to maintenance from the father of her twochildren as there was no proof of their marriage.
Judge Karnan saidthe couple ‘led their marital life under the same shelter and begot twochildren.
法官Karnan说,这两名男女“在同一个屋檐下过着婚姻生活,而且生了两个孩子”。
'Therefore, the petitioner’s rank has beenelevated as the "wife" of the respondent and likewise, therespondent’s rank has been elevated as the "husband" of thepetitioner.‘
“因此,请愿人已经成为被告人的“妻子”了,反之亦然,被告人也自动成为请愿人的“丈夫”。
The man was ordered to pay the woman 500rupees a month in maintenance as well as maintenance for their two children.
这名男子被判给该妇女每个月500卢比的生活费,以及两个孩子的生活费。
评论:
Imagine if these rules applied to theUK....
- serenang,Tiverton, England, 20/6/2013 7:56
想象一下英国也颁布这样的裁决会发生什么事情。
What about rape, will the Victim have tofile for a divorce first?
- MacII, Glasgow, United Kingdom, 20/6/2013 7:55
那强奸了怎么办,受害者也必须得上法院去和强奸犯离婚吗?
Will this go for rape too? I don't see thisending well. - I don't know what I'm doing here, Pew, Pew, Pew, 'Merica, 19/6/2013Yup, who cares about the women? in india.
- PIGSVOTEUKIP,Yorkshire, United Kingdom, 20/6/2013 7:53
“这对强奸案适用吗?我不觉得这个裁决会有什么好下场。”
谁会去关心印度女性?
I wish I could move to another planet.
- Koda,Vancouver, United States, 20/6/2013 7:49
我真想搬到别的星球去。
We used to have a similar situation hereuntil 'common law' marriage was no longer legally binding. Barring rapevictims, this actually sounds like a potential solution to the rampant sexualactivity with multiple partners which appears common now. Also the effect onvoluntary single motherhood could be interesting. Why the disparity in the ageof consent? Can anyone please enlighten me. I must admit though that the mindboggles slightly at how you prove the sexual relationship if there's noconvenient child to DNA test.
- usednurse,Borders, Scotland, 20/6/2013 7:44
That would never work in USA!
- djavatar,LV, United States, 20/6/2013 7:43
这种裁决在美国是永远无法运作的!
That means i'm a bigamist too many timesover I care to mention!
- UniqueLiquidArt,Flying Fish Cove Essex, United Kingdom, 20/6/2013 7:37
这意味着我是一个重婚者!
how can one prove a sexual relationshipother than getting pregnant and having a baby? All gold digging women in theusa should run to India where they can get pregnant and get have of everythingby virtue of being "married" to the father. ridiculous ruling whererape is considered. thank god it is only in one state and not all over india.
- Womble,Somewhere out there, United Kingdom, 20/6/2013 7:29
Is this why nearly all the divorce lawyershave gone to India?!
- Student,Leeds, United Kingdom, 20/6/2013 7:25
这难道就是为什么几乎所有离婚律师都跑到印度去了的原因?!
Seems like a fantastic money making ideafor solicitors and women out for a one night stand........
- Andy,Aberdeen, 20/6/2013 7:22
听起来这对律师以及想要获得一夜情的女性来说是一个很好的赚钱办法啊。。。。
Someone call the police, serial bigamisthere ;)x
- poorworker, Aldershot, 20/6/2013 7:19
有没有人打电话报警啊,我是连环重婚者。 哈哈。
if you have a 3some do you get 2 wives?(just asking!) :D - On your bike, Midlands, United Kingdom, 19/06/2013 22:50 Ora husband and a wife all at the same time??
- GoodIdeaTom,somewhere uk, 20/6/2013 7:18
“如果你可以3P,你会去娶两个妻子吗?只是问问 呵呵”
你的意思是说你是双性恋??
It seems to me entirely reasonable andproper that couples should be able to try sex out repeatedly before taking thevery solemn and significant step of getting married. Any court which assertsthat sex constitutes marriage is abusing its privileges. Any couple whichmarries in haste, risks great unhappiness.
- Andy,Warrington, United Kingdom, 20/6/2013 7:16
Good god that country is insane.
- mrsj911,Caerphilly, 20/6/2013 7:04
老天啊,这个国家真是疯了啊。
This will ensure sanity in the society. Myfather told me I would have to marry the first girl or lady I slept with andthat kept me sane.
- Crownprince2,Ashford, 20/6/2013 7:00
Makes a lot of sense.
- MRA,Manchester, 20/6/2013 6:53
很有意义。
This ruling was bought in the context offinancial maintainace for the children of an unmarried couple. As there islittle in the way of social security in India the judge in this case would havebeen concerned about the financial future of the children. The only way hecould ensure that the absentee father paid for the children was by consideringthe parents to be husband and wife for legal purposes. There are similarregulations regarding child maintainace in the UK but here it is not necessaryfor the parents to be married for a Court to order an absentee father to paychild maintainace.
- RakeshKhanna, Wolverhampton, 20/6/2013 6:53
And India is supposed to be a developingcountry??? Stuck in the middle ages
- Annette,Birmingham, 20/6/2013 6:47
印度是一个发展中国家吗??感觉在中世纪。
It is taking marriage back to where it wasbefore the Church and state started sticking their oar in in the 18th century.Marriage is an ancient form of relationship, and apart from using a church to declareit to their family and neighbours, in general the less the state had to do withit the better.
- Dave,Wimbledon, 20/6/2013 6:46
I'm sort of liking this notion, it's not socrazy??! The west is getting too loose with their morals, men are floutingtheir responsibility ... I always wished I live in a 'sense and sensibilityage' bring back sanctity of marriage and courting and thinking seriously aboutwhether you like each other before possibly having babies!! Can't believe I'msaying this, normally I'll live and let live... But it's making sense rightnow, let's go back to basics, whatever feminist weird struggle we have going onnow is clearly not working... Just a thought!!
- SaveBritain vote UKIP, London Uk, 20/6/2013 6:36
The court's intent is good but logic alittle ridiculous. All the judge should have said is that any man who fathers achild show pay child support married or not.
- david,dallas, 20/6/2013 6:35
Messed up backwards thinking. So a man candrug and rape a woman video the event as evidence and then marry her allwithout her consent?
- Layla,B'ham, 20/6/2013 6:31
If sex equals marriage surely not havingsex with that person again should count as divorce
- stevie,lisburn, 20/6/2013 6:31
如果性等同于婚姻的话,那么不再与某人发生性关系当然应该被认为等同于离婚了。
Cracker law that , I thought uk havestrange laws ! But that's the best yet
- markowens, Lisburn, 20/6/2013 6:27
无聊的法律,我以为英国也有奇怪的法律!但是印度这个是最奇怪的。
Marital rape is NOT a criminal offence inIndia so if a women is legally married at the start of her attack and maritalrape is not an offence then by their logic NO CRIME HAS TAKEN PLACE!! India,when your citizens asked you to tackle the rape problem they meant getting tothe root causes and preventing rape from happening, not fiddling the figures tomake it appear like rape doesn't occur
- MissStarlight, London, 20/6/2013 6:25
Soon all the law students are going to wantto become divorce lawyers because there will be so much money to be made fromdivorces
- Brett,Somewhere in England I think, 20/6/2013 6:19
很快,所有的法学系学生将想成为离婚律师,因为将会有很多人离婚,可赚的钱很多。
I'm married to at least 25 women in thelast week... Lol.
- T.Bott,Wolverley, 20/6/2013 6:15