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Changing Dimension Of The Concept Of Marriage-A Contemporary Challenge To Indian Legal System

Author: 
Chandrika, M. P.
Subject Area: 
Social Sciences and Humanities
Abstract: 

It is believed that from the time Adam and Eve were born the bond of marriage, the concept of marriage took its birth. Marriage is a sacramental relationship under Hindu law. It is a legal contract under Mahomedan law. Whether it is sacramental relationship or a contract, it has got its own ethics and principles. It is also treated has God made relationship. It is a relationship between a man and a woman, basically to beget children and also share each other companionship through the life. But things are changing. The definition of marriage given under different personal laws does not carry weight age as a new concept called live-in-relationship has been introduced by the young generation to the society. No commitment and no bond in such relationship. It purely based on an oral/written contract. Though Indian society has not accepted such relationship, but the problem pertaining to certain aspects like the status of the children born out of such relationship, share in property, violence against women who is into such relationship, stands unanswered. Our Apex courts decisions pertaining to maintenance, share in property to children born out of such relationship, are in par with the decision given in case of marriage. The matter is also true in case of homosexual marriages. Hence, it would be anathema to hold such relationship in par with marriage.

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