This is a guest post by Rukmini Sen The Madras High Court on 17^th June 2013 has delivered a judgment where it unambiguously states that ‘the main legal aspect for a valid marriage is consummation’ (pg 13). Consummation of a marriage, in many traditions and statutes of civil or religious law, is the first (or first officially credited) act of sexual intercoursebetween two people, either following their marriage to each other or after a prolonged sexual attraction. Its legal significance arises from theories of marriage as having the purpose of producing legally recognized descendants of the partners, or of providing sanction to their sexual acts together, or both (last accessed 22nd June 2013). In a country like India, where Section 377 of the Indian Penal Code still exists (although decriminalization of consensual sexual acts between two adults in private has been declared by the Delhi High Court in 2008), what constitutes the status of consummation in a gay/lesbian union or when two heterosexual adults live together, when the legal significance of consummation is connected only with giving birth to a ‘legitimate’ child? What about relationships where there are willfully no children, biological, adopted or surrogate? This is one of the many questions that this judgment raises and leaves me more bewildered about my legal identity as a cohabiting partner in a heterosexual relationship.

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