Madras HC: Couple of right legal age indulging in sex are Husband&Wife

Discussion in 'Politics & Society' started by rock127, Jun 18, 2013.

  1. rock127

    rock127 Maulana Rockullah Senior Member

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    Madras HC: Couple of right legal age indulging in sex are Husband&Wife

    In a ruling which might have a far reaching impact, Madras High Court has said if a couple in the right legal age indulge in sexual gratification, it will be considered a valid marriage and they could be termed as husband and wife.

    "..If any couple choose to consummate their sexual cravings, then that act becomes a total commitment with adherence to all consequences that may follow, except on certain exceptional considerations," Justice C S Karnan said in his order.


    He said that marriage formalities of tying a mangalsutra, garlands and rings were only for the satisfaction of society.Either party could approach a family court for declaration of marital status by producing documentary proof for a sexual relationship.The judge also said once such a declaration is obtained, the couple can establish self as each others' spouse in any government records.Justice Karnan made these observations in his order yesterday while modifying an April 2006 judgement of a family court in a maintenance case.A family court in Coimbatore had ordered a man to pay Rs 500 maintenance per month to his two children and Rs 1000 as litigation expenses and had held that the woman's wedding with him did not have any documentary proof.

    In his judgement, Justice Karnan directed the man to pay her maintenance of Rs 500 a month from the date of petition (September 2000) and that the arrears be paid within three months.
     
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  3. rock127

    rock127 Maulana Rockullah Senior Member

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    Re: Madras HC: Couple of right legal age indulging in sex are Husband&

    :facepalm: :facepalm: :facepalm:
     
  4. trackwhack

    trackwhack Tihar Jail Banned

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    Re: Madras HC: Couple of right legal age indulging in sex are Husband&

    Hmm... I used to be a practicing polygamist in that case.:rofl:

    I'm sure there are others in here that are still practicing hard. :thumb:
     
  5. one

    one Regular Member

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    Re: Madras HC: Couple of right legal age indulging in sex are Husband&

    What about gang bang :tsk::sarc::sarc:
     
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  6. arnabmit

    arnabmit Homo Communis Indus Senior Member

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    Re: Madras HC: Couple of right legal age indulging in sex are Husband&

    Ahem... MMS? Then Internet is flooded with "Proof for Marriage"!

    :yey:
     
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  7. rock127

    rock127 Maulana Rockullah Senior Member

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    Re: Madras HC: Couple of right legal age indulging in sex are Husband&

    Now girls would use guys and make a MMS and if guy refuses to give money she files a case and provide MMS as a proof. :lol:
     
  8. Dovah

    Dovah Untermensch Senior Member

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    Re: Madras HC: Couple of right legal age indulging in sex are Husband&

    Wow, just wow!
     
  9. The Messiah

    The Messiah Bow Before Me! Elite Member

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    Re: Madras HC: Couple of right legal age indulging in sex are Husband&

    Recently madras high court has started giving idiotic judgements, it also previously said that if after consensual sex boy refuses to marry it would amount to rape.

    :facepalm:
     
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  10. Daredevil

    Daredevil On Vacation! Administrator

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    Re: Madras HC: Couple of right legal age indulging in sex are Husband&

    What kind of idiots are serving as High court judges?. It will be struck down by Supreme Court in a jiffy.
     
  11. Alpha1

    Alpha1 Regular Member

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    Re: Madras HC: Couple of right legal age indulging in sex are Husband&

    :facepalm:Looool :lol:
     
  12. The Messiah

    The Messiah Bow Before Me! Elite Member

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    Re: Madras HC: Couple of right legal age indulging in sex are Husband&

    Those who are already married can be jailed now under sec 494 ipc if they have affair because it would be considered as second marriage according to this judgement in tamil nadu.

     
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  13. SajeevJino

    SajeevJino Long walk Elite Member

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    Re: Madras HC: Couple of right legal age indulging in sex are Husband&

    100 % agree with HC

    but Problem Is

     
  14. A chauhan

    A chauhan "अहिंसा परमो धर्मः धर्म हिंसा तथैव च: l" Senior Member

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    Re: Madras HC: Couple of right legal age indulging in sex are Husband&

    WTF! what if someone commits adultery with her neighbour's wife ? What if someone rapes his gf ? Should he apply for marriage certificate then immediatly for divorce ? I am thinking about the talent of the advocate who convinced Judge for this, lol!
     
  15. Bangalorean

    Bangalorean Stars and Ambassadors Stars and Ambassadors

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    Re: Madras HC: Couple of right legal age indulging in sex are Husband&

    Useless Madras HC. But the fellows have clarified here:

    http://www.firstpost.com/india/madr...-sex-verdict-objects-to-criticism-888473.html

     
  16. Bangalorean

    Bangalorean Stars and Ambassadors Stars and Ambassadors

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    Re: Madras HC: Couple of right legal age indulging in sex are Husband&

    I hope the aggrieved party takes it to Supreme court.

    The Madras HC should have simply said, "This couple has stayed together for years and even produced children. The man cannot escape by saying that there was no formal marriage". The judge should have stopped there. By unnecessarily talking about sexual intercourse and all kinds of extraneous and needless stuff, he has simply muddied the waters and made himself an object of ridicule.

    And someone needs to tell the judge that his job is to dispense justice in accordance with the laws laid down in the constitution of India, and not to "protect the cultural and moral integrity of India", whatever that means. It is terrible to see that High Court judges have so much bias and can make such ridiculous statements.

    I truly wish the Supreme court strikes it down, but the aggrieved party needs to approach SC first. If they do not, can a PIL be filed in Supreme Court against this judgement? @sayareakd, @A chauhan
     
    Last edited by a moderator: May 10, 2015
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  17. A chauhan

    A chauhan "अहिंसा परमो धर्मः धर्म हिंसा तथैव च: l" Senior Member

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    Re: Madras HC: Couple of right legal age indulging in sex are Husband&

    I think SC will strike it down as it is faulty, so far as PIL is concerned, yes definitely anyone can file it, as this matter affects the common people in general, and can set a wrong example/tradition of misbehavior. There is no law in the TN which can declare them Husband-wife on the grounds of sex.
     
    Last edited by a moderator: May 10, 2015
  18. A chauhan

    A chauhan "अहिंसा परमो धर्मः धर्म हिंसा तथैव च: l" Senior Member

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    Re: Madras HC: Couple of right legal age indulging in sex are Husband&

    And she will get Alimony without any marriage :rofl: Now girls should look after rich, very rich guys and seduce them for sex.
     
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  19. Bangalorean

    Bangalorean Stars and Ambassadors Stars and Ambassadors

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    Re: Madras HC: Couple of right legal age indulging in sex are Husband&

    How much does it cost to file a PIL? And it will have to be compulsorily filed in Supreme court, right?
     
  20. A chauhan

    A chauhan "अहिंसा परमो धर्मः धर्म हिंसा तथैव च: l" Senior Member

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    Re: Madras HC: Couple of right legal age indulging in sex are Husband&

    Even a post card can be entertained by the SC as a PIL if it finds the matter of public importance. However @sayareakd can tell you better than me in this regard. A PIL can be filed in SC as well HC but under different articles of the constitution, SC entertains PIL u/a 32 while HC u/a 226.
     
    Last edited by a moderator: May 10, 2015
  21. sayareakd

    sayareakd Moderator Moderator

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    Re: Madras HC: Couple of right legal age indulging in sex are Husband&

    PIL for the civil matter will be thrown out, parties can file SLP under Article 136 of the Constitution.

    BTW i think more or less this Judgement protect a females. So Males be careful what they do. Laws should be progressive in nature and they should move with time.
     
    Last edited by a moderator: May 10, 2015

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