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Far reaching implications

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Post by Petrichor Mon Jun 17, 2013 7:17 pm

http://www.thehindu.com/news/national/tamil-nadu/couples-who-have-premarital-sex-to-be-considered-married-says-hc/article4824017.ece?homepage=true

The court further said if necessary either party to a relationship could approach a Family Court for a declaration of marital status by supplying documentary proof for a sexual relationship. Once such a declaration was obtained, a woman could establish herself as the man’s wife in government records. “Legal rights applicable to normal wedded couples will also be applicable to couples who have had sexual relationships which are established."

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Post by Guest Mon Jun 17, 2013 8:07 pm

If the couple didn't have children but had a sexual relationship, would they still be considered man and wife?

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Post by Petrichor Mon Jun 17, 2013 8:24 pm

Exactly....once you derive gratification and have documentary proof, the guy is on the hook for maintenance.

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Post by Guest Mon Jun 17, 2013 8:39 pm

Muezzin-Bar'chu wrote:Exactly....once you derive gratification and have documentary proof, the guy is on the hook for maintenance.

If the guy or the woman have multiple sexual partners, will all the partners be considered their spouses? Will one night stands count? Extra marital affairs are sexual relationships too. What will be the stand on them? This is like opening a pandora box.

The judge should have ruled that the man pay child support as he's the father of the children. What's with this declaration that they are man and wife and he pay for the maintenance? If he were already married, but had children with this other woman, would he still be considered the husband of the second woman?



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Post by Petrichor Mon Jun 17, 2013 10:41 pm

In this case, the issue was about the guy paying maintenance to the woman. If this was a chinna veedu type situation, I think legally he would still be treated as husband for liability purposes.

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