If an unmarried couple have sex they are considered husband and wife – and would have to ‘divorce’ if they split, an Indian court has ruled.

When two people of legal age, 18 for a woman and 21 for a man, ‘indulge in sexual gratification’ this should be seen as a ‘an act of total commitment’ and marriage by law, a judge at Madras High Court said.

The court said that the registering of a marriage as well as a wedding ceremony were only formalities to gain society’s approval.

It also said that once two people have sex this ‘becomes a total commitment with adherence to all consequences that may follow’, including needing a decree of divorce should they want to sleep with someone else.