The Madras High Court, hearing a custody case, observed on Friday that couples who get married must remember that "the concept of marriage is not for mere carnal pleasure" but its main purpose is procreation.
According to Bar and Bench, the single-judge bench of Justice Krishnan Ramasamy was hearing a custody case of an estranged couple who got married in 2009 and have been living separately since 2021.
The woman has been seeking custody of their children, aged nine and six, who have been living with her husband. She had accused him of harassment.
The woman had told the court that while she was granted visitation rights, the husband has been refusing to comply with the court order.
The court observed that this is "an unfortunate case where the spouses are at war and children are caught in the crossfire."
The court said it would like to "stress and impress upon the persons, who have tied the marital knot that the concept of marriage is not for mere carnal pleasure, but it is mainly for the purpose of progenating , which leads to the extension of the familial chain."
"The child born out of the said wedlock is the connecting link between the two individuals, who have been united over a sacred oath, taken by both. Any act in contravention of the oath on the touchstone of law is nothing but an act with which the hands of the binder of the link is severed. Custody of the binder, thereafter on the legal principles would render the child, who was brought into this vicious world through the act of the two individuals for their pleasure is made to suffer for no fault of his" the court observed.
The court also pointed out that "children are the greatest gift to humanity," and claimed that they are "god's precious gifts."
