Established sexual relationship equals to marriage

 

While there might be a debate on whether marriage is a civil contract or a sacrament or something in between, under the present legal scenario, marriage is a form of legalised sexual relationship that establishes paternity and inheritance. In certain tribes, living together constitutes a valid marriage and for every region there is a different set of formalities constituting marriage, some may have pheras while for others just exchanging rings or garlands is sufficient. In short, the ceremony of marriage is just the recognition by society of the beginning of a relationship and it may or may not constitute of ceremonies. While the Supreme Court has laid down what constitutes a valid Hindu marriage, Muslim marriage is offer and acceptance and Christian marriage, a public declaration along with exchange of rings. A civil marriage is also a consensual acceptance of the relationship in a court of law. The importance of sex in marriage has already been pointed out in 2012 by the Supreme Court while stating that it is the primary condition. However, the recent judgement of Madras High Court stating that consensual sex between competent parties (parties who have come of legal age for sex) is equivalent to marriage and either party can get it registered is not altogether a solution. While on one hand it raises a doubtful condition regarding adultery, bigamy and incest on the other, it will incite moral police. Further, it is not sure what documentary evidence can be provided for such relationship. Still, it raises an important issue especially at the time when brides were subjected to virginity and pregnancy tests in the state of Madhya Pradesh, even though premarital sex is not taboo in certain tribes of that region.