Mumbai:
Recently, the Bombay high court in its order held that a one-night stand or a physical relationship between a man and a woman is outside the ambit of the definition of marriage as per the Hindu laws. Further, the child born out of such wedlock have no rights over his or her father’s property as there is no marriage.
Justice Mridula Bhatkar opinioned that broadly, either customary solemnization of marriage was required or performance of legal formality was a condition precedent to label that relationship as a marriage. Any sexual intercourse which took place by choice or by chance or by accident was not a marriage, the justice added.
The judge was of the view that in some countries, homosexual unions were accepted as marriages and hence also live-in relationships. But, children born within such relationships had posed as complicated issues and a challenge to define the term ‘marriage’ whether in a wider or narrow meaning.
Further, it was pointed by the court, that Section 16 of the Hindu Marriage Act, 1955 restricts itself to “marriage” and does not recognizes the changes in the society. Under the Act, even if the marriage is subsequently declared as void, it needs to be proved for deciding the rights of the child born out of such wedlock.
The Judgement in the present case:
- In the present case before the court, the man had two wives.
- It was a proof that the man had married a second time, the court held his second marriage was void.
- Further, it was held the daughter from his second wife had the right to a share of his property, though the marriage was void.