Though law and matrimony are two different concepts but they are still
interlinked with each other in various ways . But its always seen that there
remains a conflict between matrimony and laws as there are several personal laws
prevailing in the society like Hindu Personal Law, Mohammaden Law and many
other if we particular talk about from the matrimonial perspective . The
relation of marriage is one of those aspect which can affect our society in
both its civil and economical aspect with respect to its relations with social
existence, that it required under constant and perpetual legislative control.
Matrimonial phase is one of the essential phases of one’s life , whereas we
all are abide by Law in its literal sense means the system of rules which a
particular country or community recognizes as regulating the actions of its
members and which it may enforce by the imposition of penalties , while
matrimony means the state of being married.
If we primarily talk about the problems or the main issues of the conflict
between law and matrimony, the below listed can be called as the:
- problems raised in field of purporting to marriage
- problems with respect to creation of relationship of man and wife
- issue concerned with the legal protection accorded to claims arising
from there from
Conflict of laws with respect to marriage is with respect to status , ceremony
and incidents of marriage as different religions have different customs and
rituals and traditional practices (lex loci celebration is ) On issues relating
to marriage, maintaining a balance between the various public policies of the
laws involving: State and capacity, validity of marriage, religion, common
law, custom, age of marriage, consent etc. is essentially important and necessary.
The will of one of the parties had been overborne by a genuine and
reasonably held fear which emerged as a reason of the conflict . Not only in
India , the conflict between the two concepts is there in the other countries as
well . Treating all cases as, claims involving to incidents, taking care
of rights and duties, can be said as approach in resolving the conflict at the
primary level .
Since divorce is also a concept which is always seen in conflict with laws . The
jurisdiction to try causes for separation and divorce is confessedly related by
local laws .Causes of divorce are not transitory in their nature . It is a
matter in which the state where it occurs, has an important interest altogether
with the independent parties, and which that state may remit without the
consent of the parties . It would be seen as most absurd to deny the validity
of matrimonial concept and concept of separation and divorce upon the mere
incident of alimony, to maintain principal cause of action is utmost necessary
.
Each married couple in a state, should accommodate themselves to the existing
law of the moment, without reference to the law which existed at the time of the
creation of the relation must be always referred which can help in curbing and
eradicating this conflict emerged between law and matrimonial aspect.
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