The court said that if a bachelor has completed 21 years of age and an
unmarried woman 18 years, they have acquired the freedom of choice
guaranteed by the Constitution. “Consequently, 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.”
The Madras High Court said marriage formalities as per various religious customs
such as the tying of a mangalsutra, the exchange of garlands and rings
or the registering of a marriage were only to comply with religious
customs for the satisfaction of society.
The Case
Justice C.S. Karnan passed the order on Monday while modifying an April
2006 judgment of a Coimbatore family court in a maintenance case
involving a couple. The lower court had ordered the man to pay monthly
maintenance of Rs. 500 to the couple’s two children and Rs. 1000 as
litigation expenses. The lower court observed that the woman’s wedding
with the man had not been proved by documentary evidence. Hence, she was
not entitled to maintenance.
In her appeal to the High Court, the woman’s counsel contended that she was legally married and had two children in wedlock.
Justice Karnan said he was of the view that a valid marriage did not
necessarily mean that all the customary rights pertaining to the married
couple are to be followed and subsequently solemnised. In the present
case, the woman and her husband had no encumbrance or other
disqualification for solemnising their wedding as per their customs. For
solemnising a wedding, legal aspects should be placed on a higher scale
than the customary aspects. In this case, the man had signed in the
‘live birth report’ of his second child and given his consent for a
Caesarean section for its birth. As such, he had officially admitted
that she was his wife
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