Keeping physical relationship by choice cannot amount to marriage: Bombay HC


Mumbai: In an important ruling, the Bombay High Court said that a physical relationship between a man and a woman by choice or by chance or by accident does not fall under the definition of marriage under Hindu laws.

A child born out of a one-night-stand or similar encounters may not have any rights over the father’s property, if there is no marriage, the court added.

“Broadly, either customary solemnization of marriage is required or performance of legal formality is a condition precedent to label that relationship as a marriage. Any sexual intercourse which took place by choice or by chance or by accident is not a marriage,” said Justice Mridula Bhatkar.

The court pointed to Section 16 of the Hindu Marriage Act that restricts itself to “marriage” but recognizes that the society is going through changes.

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