Couples who have premarital sex to be considered 'married'

This is from Indian news site The Hindu:

"If any unmarried couple of the right legal age “indulge in sexual gratification,” this will be considered a valid marriage and they could be termed “husband and wife,” the Madras High Court has ruled in a judgment that gives a new twist to the concept of premarital sex."

Full story here

Blimey - imagine if a similar ruling was made in the UK...

Reply 1

hollysarah

Hmm... there may be a few bigamists here! :rolleyes:

Reply 2

Studentus-anonymous

12

Remember when it was up to the two individuals involved to decide whether they were married or not via a clear ritual and legal acceptance?

Pepperridge Farm remembers...

Reply 3

Chlorophile

20

Wow. India is going to have a hard time developing and reaching the status of other MDCs if they continue to adhere to backward laws like this.

Reply 4

Tyrion_Lannister

19

If it gives them the same legal rights, then okay. I don't really see the difference between marriage and a committed relationship, all it is is a piece of paper entitling you to certain legal rights. If you're committed to someone, you're committed to someone.

To extent it to everyone who has sex is ridiculous though. What about casual sex?

Reply 5

chelseafan

21

Original post by Tyrion_Lannister

If it gives them the same legal rights, then okay. I don't really see the difference between marriage and a committed relationship, all it is is a piece of paper entitling you to certain legal rights. If you're committed to someone, you're committed to someone.

To extent it to everyone who has sex is ridiculous though. What about casual sex?

Casual sex in india is highly frowned upon.

Reply 6

Tyrion_Lannister

19

Original post by chelseafan

Casual sex in india is highly frowned upon.

I know but that doesn't mean it doesn't happen. It does..

Reply 7

Plantagenet Crown

20

Wow, they'll just have to make sure theyre not caught then.

Reply 8

chelseafan

21

Original post by Tyrion_Lannister

I know but that doesn't mean it doesn't happen. It does..

Well obviously.

Reply 9

kuks

1

Original post by chelseafan

Casual sex in india is highly frowned upon.

Not in all segments of society.

Reply 10

FiniteMr

13

To my understanding, that's the view in the Bible. India has a large Catholic following I think, I suppose that's why this kind of silly law is passed.

Posted from TSR Mobile

Reply 11

TGR

Right, so under this law I'd be married to my ex who I was with for one month and was a significant factor in my first suicide attempt....

I can see some sense in giving long-term committed couples the same status as marriage, but not just anyone who was sex. Would result in 90% of the uni being married before the end of freshers week. Also, what happens if you have sex with more than one person (as most people have)? Do you end up married to both of them?!

Posted from TSR Mobile

Reply 12

sparrowhawk4

9

Original post by shooks

Blimey - imagine if a similar ruling was made in the UK...

I would imagine that there would be a sudden increase in the number of married couples, especially amongst those in their late teens. Given how little attention some of my classmates pay to the news, a lot of them probably wouldn't realise it. We would then see a proportionate rise in adultery, and all in all the tabloid press would have an absolute field day :wink:

Reply 13

mojojojo101

17

Personally I think the benefits offered to married couples in this country are unfair, a committed relationship is a committed relationship regardless of whether you've bothered to pop down the registry office to tell the government about it or not.

The Indian position seems to take this a little to far though :tongue:

.

Reply 14

CelticSymphony67

12

Original post by shooks

This is from Indian news site The Hindu:

"If any unmarried couple of the right legal age “indulge in sexual gratification,” this will be considered a valid marriage and they could be termed “husband and wife,” the Madras High Court has ruled in a judgment that gives a new twist to the concept of premarital sex."

Full story here

Blimey - imagine if a similar ruling was made in the UK...

You can argue a form of that already does exist here, under English Law.

English Law says once a man and woman have cohabitated in a relationship for over six months, the law considers them to be Common Law Husband and Wife, and all shared assets must be split, in the event of the relationship ending, just the same as they would if they were married.

Reply 15

Huskaris

16

Madras court, the tastiest court on earth.

Reply 16

hollysarah

Original post by Huskaris

Madras court, the tastiest court on earth.

Reply 17

Voyager_2002

11

Original post by CelticSymphony67

You can argue a form of that already does exist here, under English Law.

English Law says once a man and woman have cohabitated in a relationship for over six months, the law considers them to be Common Law Husband and Wife, and all shared assets must be split, in the event of the relationship ending, just the same as they would if they were married.

Not true!!

This myth is widely believed, I have no idea why. Family law solicitors fairly often have to find themselves explaining to someone who believes that they are a "common law spouse" (usually female) that in fact there is no such thing, and they have zero claim on their ex's property -- including the house!

Reply 18

CelticSymphony67

12

Original post by Voyager_2002

Not true!!

This myth is widely believed, I have no idea why. Family law solicitors fairly often have to find themselves explaining to someone who believes that they are a "common law spouse" (usually female) that in fact there is no such thing, and they have zero claim on their ex's property -- including the house!

It is true!

I have been through a divorce and also a split from a ex-partner (not married) and I was told this by my solicitor. Her cases are 50/50 between married couple, and couples in long term relationships, and once they have lived together for six months, all joint assets must be split, just like when married, the law sees no difference, and that came from my solicitor. So unless you have a degree in Law, I think I would rather believe my qualified solicitor. No offence.

(edited 10 years ago)

Reply 19

Voyager_2002

11

Original post by CelticSymphony67

It is true!

I have been through a divorce and also a split from a ex-partner (not married) and I was told this by my solicitor. Her cases are 50/50 between married couple, and couples in long term relationships, and once they have lived together for six months, all joint assets must be split, just like when married, the law sees no difference, and that came from my solicitor. So unless you have a degree in Law, I think I would rather believe my qualified solicitor. No offence.

You evidently did not understand what you were told:

Obviously, joint assets get split, generally 50:50 unless one person met a larger part of the cost than the other. That has nothing to do with your relationship status but is simply how ownership works.

However, simply living with someone does not give you any claim to that person's house; pension; future income; other property. Marriage may give such rights.

As the following link makes clear, the consequences of this misconception can be devastating, so please do not spread it further.

http://www.huffingtonpost.co.uk/richard-adams/common-law-marriage-myth_b_2661452.html

http://www.adviceguide.org.uk/england/relationships_e/relationships_living_together_marriage_and_civil_partnership_e/living_together_and_marriage_legal_differences.htm

Couples who have premarital sex to be considered 'married'

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