Impact Of Marriage On Indi Socio Legal Perspective Of Child 's Status

Accoding to Paras Diwan (2010) This new edition of 'Law of Adoption, Minority, Guardianship and Custody analyses wide spectrum of the Indian personall law of adoption and guardianship

Adultery, desertion, the habit of drinking, insanity, and imprisonment are few of them. By proving the failure of marriage on the basis of any of these grounds can reduce the proceedings of divorce and divorce can be granted soon. Before the enactment of this law, the individual state was responsible for dealing with the divorce issues. The Marriage Act 1961 has previously included no definition of marriage. This act has been amended several times and the definition of marriage was introduced in this act during its amendment in 2004. As per the amendment the basic characteristics of marriage include the union of male and female as a voluntary decision and must be over the ages of 18. The Marriage Act provides the details of marriageable age and states the circumstances in which marriage is considered void. This act has the power to legalise foreign marriage, same-sex marriage, and the birth of a child before the marriage of the couple. It also deals with the offence of

Unsatisfied with their partners results in divorce rates and infidelity. These have increased over the years, blemishing the institution of marriage. People may believe that compromises and self sacrifice in a marriage make it a failed institute but the same reasons make a marriage successful. A married man has a constant in his life- his partner. The security and companionship in the relationship helps him achieve happiness. The same sharing is now a pleasure, a way to prevent loneliness (Argyle; 1999). Marriage is known to cause greater satisfaction, greater self esteem and less distress. Evidence shows that married men and women are happier.

Rajeev Narang, in telling the oral love story of how he met his wife, implicitly explains the culture of India in the mid-20th century and even delves deeper into the subcultures of the region and their impact on love and marriage. Indian culture, even more so decades ago, was known for its system of arranged marriages that primarily focused on the compatibility between families and little on the love between two potential partners. In their journal article, “Gender Scripts and Age at Marriage in India,” authors Sonalde Desai and Lester Andrist discuss the marriage system in India in terms of the gender roles that men and women play, the impact of family intervention, and how age and economic factors impact marriage decisions. Specifically, when mentioning the influence of family, they state, “It is particularly crucial to look beyond individual decisions to focus on what the marriage of a son or daughter represents for the parents. Marriage systems… have been dominated by the influence of the corporate family” (668).

If the husband is the father, the child is his responsibility and he is required to pay for it. However, due to his wife’s infidelity, he is given the option to divorce his wife without having to divvy up assets, pay

In small towns there are about 25,000 people living in about 4,800 households (Desai). Nonetheless, this is showing that it is well known that India’s types of household are joint family. After marriage, the son of the family does not move away and get his own home he continues to stay with his family. He has his wife and himself live at his parent’s household. In India it is not common for people to live in homes with just a wife, husband, and their children. The household of an Indian family consists of ten or more family members. Desai states, “A joint family has greater generation depth than any other type of family.” They usually have a grandmother, grandfather, son’s wife or children, aunts or uncles, any members of the family can live in their household (Desai). The law states to have a joint family they must have common

Arrangement related with the dwelling has been made in section 23 of the act which lays down that female heir in the dwelling house of the intestate family is given. But only when she is unmarried or is married but discarded or is a widow. Other most significant provisions are related with the disqualifications of heirs. A murderer is not entitled to succeed to the property of person murdered. Likewise a person is converted into another religion. His descendants are disqualified from inheriting the property of their Hindu relatives. But he himself is not disqualified from the right of inheritance.

Divorce is the "legal dissolution of a socially and legally recognized marital relationship that alters the obligations and privileges of the two persons involved. It is also a major life transition that has far reaching social, pathological, legal, personal and economic consequences." People in society perceive that due to the financial independence of women in the Hindu families, divorce rates are increasing . The increasing divorce rates are taken equivalent to the women empowerment . But, in 2001 census, the national divorce rate was at 0.3% for males and 0.2% of females , which is slightly more than what the divorce rate was in 1970 and 1980 at 0.2% to 0.14%of the total population in 1970s and 1980s,respectively .Though the divorce rates in India are increasing, they are still much lower as compared to the nations like Sweden, U.S, Russia ,where the percentage of marriage that end up to divorce are 54.9%, 54.8% and 43.3% respectively. Even in the neighboring country Sri Lanka, the divorce rate is higher at 1.5%. But, lower divorce rates in India don’t indicate that the couples are in harmony with each other . Divorce rates are low primarily because the women are forced to keep their marriage intact .Actually, there are a greater number of women, who feel extremely exploited in the institution of marriage, but they are compelled by the circumstances to bear the burden of their marital relations. Besides, there is a need to analyse how divorced women

The previous marriage laws that were in 2014 merged into one document which is the Marriage Act 2014 had unfair provisions which tended to lean more towards the men. Under the Hindu Marriage and Divorce Act, the notion of women not being free to make their own decisions comes out where it is stated under section 3 of the Act that a marriage may be solemnized if the following conditions are fulfilled;

Child marriage has been a popular situation in India, which leads to so many children losing their childhood and becoming an adult to fast. A child shouldn’t be married off before they become women because they grow up to fast and forget how to be child and become a woman with lot of responsible to handle before reaching the age 18-year. When a child get marriage at a young age they 're not beneficial form anything that is happen them it 's just hurting them. Being married so young limit their opportunities and early marriages can lead to numerous medical and psychological problems, particularly in relation to early child-births where the mother is not physically mature.

The institution of marriage provides for a set of rights and obligations of one party towards the other party. Co-habiting is a symbol of this shared living and separation a negation of this essential quality of marriage.[ 1st Report of the Law Commission, Hindu Marriage Act, 1955, para 6.5. ] The right to consortium is an essential marital right. In protection of this right, all personal laws provide for a remedy to implement the cohabitation and establish the right. In furtherance of this Section 9, Hindu Marriage Act, 1955, provides for the remedy of restitution of conjugal rights i.e. restoration of parties’ martial privileges like that of comfort and consortium of one another[ Ela Dasu v. Ela Lachamma, (1990) 2 HLR 249 (Ori).]. Herein the parties are legally enforced to live together and fulfill the marital obligations by obtaining a court decree by the aggrieved party against the deserting party.

Santadevi, a nineteen year old Indian woman, was married as an infant. She and her parents now seek to annul her marriage on the grounds that it was an illegal union of minors, but Sanwlaram, the one to whom she was married, and the village community refuse to consent to this annulment and attempt to force her to accept the marriage with fines and threats of kidnap and ostracization. To the village community, local traditions and laws established by the village council, the panchayat, hold much more weight than federal law, so "an adamant and unrelenting Sanwlaram is said to have warned Santadevi that court did not mean anything to him and the matter would be solved in the local panchayat", revealing the blatant disregard for federal law that fosters child marriage. Kriti Barthi, a member of the Saarthi Trust, is helping Santadevi in the legal process to not only annul the child marriage, but to file a case against the members of Santadevi 's community for harassing her.

The status of women in India has been subject to many changes over the past millennia, from equal status with men in ancient times through the low points of the medieval period. As the Medieval period in history approached, the Indian women started declining in status for a variety of reasons. Important scriptures started promoting the idea that women were inferior to men, and could not be trusted to have their own freedom. Foreign invasions and wars also could have influenced the set back of women through danger, and the influx of new ideas about women 's status. Following

In and around Kolkata 70% of the marriages arranged through newspaper advt, are facing break down within 1 year. Wife lodges criminal cases under 498A. Police arrest the entire family of husband. Finally compromise is done for Rs 10 to 25 lakhs for withdrawing the case. If the marriage is not properly matched the entire family is affected. Many people are victim.

After independence, a notable case which can cited for the purpose of understanding the legality of live in relationships is that of Badri Prasad v. Dy Director of Consolidation wherein issues where raised regarding the legal status of the relationship between two individuals who had resided together for a period of almost fifty years without formally marrying. The court held in this case that there is always a strong presumption in favor of wedlock and even though this presumption is rebuttable, a heavy burden of proof lies on the person so alleging this.