The Madras High Court decision on consideration of premarital sex for proof of marriage is intrusion into the morale niche of individuals and should be challenged

Pre-marital sexual affairs can be claimed as a proof for certification of marriage if couples are fulfilling the general age criteria for marriage. Either party could approach a family court for declaration of marital status by producing documentary proof for a sexual relationship as per decision of the Honorable High Court . What court is meaning with documentary proof of sexual relationship is so inconspicuous and a puzzling part of the verdict. The constructional fault attached with this verdict is that it is not caring the necessity of agreement of both of the partners in a legal marriage , rather either of the partners can appeal for sanction of a ongoing or past sexual relationship to turn into marriage. This would have disastrous consequences if followed in practice although it may favor the cheated partner in a couple . But it is also opening a new front of blackmail  in a broken  relationship or one of the partner is ambitious about ongoing relation.  This verdict is making the gravest mistake that it is confusing simple act of sex with marriage but what are purposively different.

My friends our freedom of conjugation at will is at stake. The verdict is challenging the integrity of our behavior. The law has no right to invade into the regulation of our intimate behavior which should be guarded by the morale only. The court is putting a stop on our casualness. Stand up to criticize the erroneous law, which is set to break our conscience. Let’s challenge the court of law. ! But at the same time we should be willing to accept a law within limits if it be to fix our moral bond for the child born out of conjugation.

The decision of honorable court might have been a boon to the individuals if it respected the agreement of both of the partners  in a couple and considered a period of sexual relationship as a proof for marriage, it was a great ease for the struggling couple then . But as per verdict one can claim for marriage certification out of agreement taking advantage of proof for ongoing or past sexual relationship.   So  won’t it be a blackmail? Can we put a ban of marriage on each act of sex purpose of which is mostly to enjoy our sensibility ? And from where does a law intrudes between consent of couple to conjugate that was meant for the purpose only? Has a court enough right to intervene into an affair? Isn’t it an intrusion by the court into the niche of an individual which should be governed by the morale and not the law of the land? It is so obvious that agreement of the partners is important to convert a relationship in marriage and to enter into a legal bonding. But the another side of the coin is that how do to make a couple responsible for the issue coming out of the casual relationship ? Of course court appeared making a righteous favor to grieved partner in a couple here , once child is born out of the conception by a couple , both had to be legally responsible for rearing up of the child. It should have been either through assertion of the partners on the legal documents for the parent-ship of the child or identified through genetic tests on the order of the court in case of non-responsibility. Here comes a logical conclusion out of the conflicts that it might be enough comfortable that a court agrees to grant a certificate of marriage to a sexual relationship but it should be on the appeal of the both and not a single of the partners, and as marriage is not just about parenting the children, so court should have to keep limited to the authorizing rearing up of the child born out of conflicted relationships, rather than imposing a blanket rule for all premarital sexual relationships. We should reach to the higher court and say ”My lord please try to understand lightness of an act of pleasure and avoid to put a unreasonable responsibility on couples, otherwise it will kill the joy which is necessity of pleasurable living and creation. A wrong angle in the law is putting the whole institution of marriage on strain and consequent risk of break down.”

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