Xclusive: Only Married Couples Can Have Sex In India Official Court Rule

If an unmarried couple have sex they are considered husband and wife - and would have to ‘divorce’ if they split, an Indian court has ruled. When two people of legal age, 18 for a woman and 21 for a man, ‘indulge in sexual gratification’ this should be seen as a 'an act of total commitment' and marriage by law, a judge at Madras High Court said.

The court said that the registering of a marriage as well as a wedding ceremony were only formalities to gain society’s approval.

It also said that once two people have sex this ‘becomes a total commitment with adherence to all consequences that may follow’, including needing a decree of divorce should they want to sleep with someone else. In addition, should either of the two wish to register the ‘marriage’ they can have their marital status declared by a Family Court as long as they can supply proof of a sexual relationship.
Once declared by the court, the person can be established as the other’s spouse – whether the other party approves or not.