AUM. The Madras High Court has opined that a man and a woman cohabiting and giving birth to offspring are indeed a couple married in the eye of law. Never mind if they have not gone through various rituals prescribed by the law givers.
I would like to comment and say that the judgement is flawed as it does not take account the social convention or the provisions of the Hindu Marriage Act 1955. An adult male and an adult female who profess Hindu dharma cannot be pronounced as husband and wife until they have gone through SAPTPADI.
It is the Seventh step that recognises them as husband and wife in the eye of law. The Madras High Court may like to REVIEW its judgement and set the record straight.
It is a well known fact that what a High Court or for that matter the Supreme Court lay down in their judgements becomes the Law of the Land. However, a High Court or the Supreme Court cannot pronounce a judgement that contradicts provisions of an Act of Parliament or the State Legislature unless the said Act came before the Apex Court, was deliberated upon, argued and discussed threadbare and then struck down as ultra vires the Constitution of India.
In the present case decided by the Madras High Court, the relevant provisions of the Hindu Law,namely the SAPTPADI was neither questioned by the litigating parties nor struck down as ultra vires the Constitution of India. Therefore, the male partner of the living-in relationship should not be called upon to pay alimony to the female partner. They lived in to satisfy their s*xual urge, they had children and now that they are separated, the living-in relationship ceases to exist.
The sanctity of the institution of marriage which in the Hindu Dharm and Hindu Law is a Sacrament and Not a contract can in no way be bestowed on the living-in relationship of a human male and a female. The Supreme Court may like to take suo motu judicial notice of the aforesaid judgement of the Madras High Court and decide the case as per the Hindu social convention and the provisions of the Hindu Marriage Act 1955.
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