Until recently, a happy couple “consummated” a marriage by having sex after the wedding. But according to a new ruling by the Madras High Court, adult couples who engage in sex at any point may be considered married because of the act itself.
The ruling reads that if an un-married couple is to “indulge in sexual gratification,” then that may be enough evidence to deem them “husband and wife.”
The ruling stems from a modification of a 2006 maintenance case involving an ex/divorced couple with two children. In the case, the woman wanted the man to pay divorce-level support, despite the fact that she had no proof that the two had ever been married. Initially, her attempt to divorce her boyfriend fell through.
This decision was overturned due to the new concept that the sex between the two was enough to legally consider them married. The man will now be forced to pay higher support payment to his newly discovered ex-wife.
The argument from the court is that while the man never technically married the woman, during the relationship the two enacted several procedures associated with a married couple. The two lived and had children together. The relationship looked like a duck, quacked like a duck; and the man will now be cooked like a duck.
67% of young people fear divorce, and it is a major factor in why couples choose to live together without getting married. With this new ruling, it may no longer matter what you and a partner are legally. Instead, it will be up to a court to decide what your relationship actually was, and how much you support you must pay.
Good thing break ups are never nasty, or this legal precedent could lead to some awful payback from scorned lovers.