Marital Dispute as a Problem in India

  • Annapurna Pattnaik and Dr. Narayan Charan Patnaik
  • Show Author Details
  • Annapurna Pattnaik

    Research Scholar at Berhampur University, India

  • Dr. Narayan Charan Patnaik

    Principal at L.R. College, Berhampur, India

  • img Download Full Paper

Abstract

Marriage is an institution in ancient times, since the earth has achieved civilization, people have completed the simple ways to be discarded, and an additional advanced means to be taken. Men and women played an important role in this civilized society. The family has to be given a paramount consideration for a good nation building. The right to marry and found a family is an inalienable and basic right defined in the Universal Declaration of Human Rights 1948 and partly defined in our Indian Constitution. The community and society played an important role for the nation building programme. Marriage is our one of the custom prevailed in the Indian society. Customs, mores and norms played an important role in the civilized society. There are many reasons for the matrimonial offences such as lack of communication, abandonment, commitment, emotion and mental abuse, conflict in decision making process, monetary dispute etc. This study will emphasis on both primary and secondary data to be collected from the different sources. This study will explore in various fields like role of the community, role of the family, role of the Govt., role of the Alternative Dispute Resolution Mechanism and role of Lok Adalat. The definition of marriage has changed and updated with the passing of time. The women participation with the outer world joined the work force and have become financially freelance. Since the break-up of joint families, and the rise of nuclear families, our culture has undergone a dramatic change. In India foreign marriages are controlled by 1969 Foreign Marriage Act. The FM Act Was implemented to fill the holes in the Special Marriage Act, 1954. The principal target behind the FM Act was enacted to govern the marriages which take place outside of India, where one party must be foreign national and should be Indian. As I ventured into the topic, I noticed that wedding and married relationships ought to be studied from multi-dimensional aspects such as social, personal and legal points of view and study will focus on the issues and challenges of divorce and breakdown of marriage in our society. Both the partners, community and the society as well as state has to give paramount consideration towards the matrimonial disputes.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 6, Issue 3, Page 568 - 582

DOI: https://doij.org/10.10000/IJLMH.114859

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021