Live in relationships were finally legally recognised in India. However, there has been a long standing unanswered question as to whether a couple who have indulged in sexual intercourse would be legally recognised as a married couple and whether there would be any legal recourse in situations where a partner cheats the other and opts not to marry him/her.
This long-standing question was finally answered by the Supreme court of India; they have stated that any couple who have indulged in sexual intercourse which leads to pregnancy would be legally recognised as a married couple. Furthermore, the Supreme court stated that if there is concrete evidence to establish that a couple had a strong sexual relationship; their relationship will be legally recognised as a marriage.
These are the few questions that have been left unanswered over a long period of time:
- Should a sexual relationship between two partners be recognised as a marriage?
- If a child is born out of a relationship ( not a legally registered marriage ) ; should & will the mother and father to the child automatically be recognised as Husband & Wife under the eyes of the law ?
The supreme court further stated the following:
“It is not disputed that the petitioner has been a spinster before she gave birth and that the respondent was a bachelor before developing sexual relationship with the petitioner. Both of them led their marital life under the same shelter and begot two children. Therefore, the petitioner’s rank has been elevated as the ‘wife’ of the respondent and likewise the respondent’s rank had been elevated as the ‘husband’ of the petitioner. Therefore, the children born to them are ‘legitimate’ children and the petitioner is the ‘legitimate’ wife of the respondent. This Court is of the view that if a woman aged 18 or above has a sexual relationship with a man, aged 21 or above, and during the course of such relationship, if the woman becomes pregnant, she would henceforth be treated as the ‘wife’ and the man would be treated as the ‘husband’. Even if the girl does not become pregnant after having such sexual relationship with a man but if there is strong documentary evidence to show the existence of such relationship then also the couple involved in such acts would be termed as “wife” and “husband”.
“That the main legal aspect for valid marriage viz., consummation between both spouses has happened even before the formalities. Therefore, in the instant case, the point is elaborately explained. If the consummation has taken place between the spouses (bachelors and spinsters) then from that time onwards both are declared husband and wife. This declaration will not be prejudicial to either party. This Court’s further view is that this declaration would strengthen the Indian Culture and would protect the young women’s welfare, character and status among the society. This pertinent view of this Court is in order to protect Women’s Civil Rights and personal life”.
“This Court further opines that it is an appropriate time to prevent the Indian Culture from deteriorating further when it comes to living honestly as spouses. It is an imperative need that the morals and ethics of Indian Culture is taken to the next level and maintained so as to never slander the life of an innocent woman. Finally, and most importantly the Courts do give paramount importance to the customs and rights to every religion so long as it remains in tandem with civil rights that are controlled by the Courts”.
References : Aysha Vs Ozir Hassan