Tuesday, June 18, 2013

HC::Consummation of relationship is a ground for marriage.

India news::Chennai, June 18: The Madras High Court has said that a valid marriage did not necessarily mean that "all the customary rights pertaining to the married couple are to be followed and subsequently solemnised". In the hearing a petition by a Muslim woman whose husband was refusing to pay her alimony claiming she was not his wife, Just­i­ce C S Karnan said if a woman over 18 had a sexual relationship with a man ov­er 21 and became pregnant in the process she had eve­ry right to be considered his wife. Even in the absence of pregnancy if there was strong documentary evidence to show the existence of such a relationship then too the couple involved could be termed husband and wife, the court said, making it clear that if they separated the "husband" cou­ld not marry without getting a decree of divorce from the court. For solemnising a wedding, legal aspects should be placed on a higher scale than the customary aspects.

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