CHANGING DIMENSIONS OF THE CONCEPT OF MARRIAGE - A CONTEMPORARY CHALLENGE TO PERSONAL LAWS IN INDIA.
- Assistant Professor, School of Law, The NorthCap University, Gurugram.
- Abstract
- Keywords
- References
- Cite This Article as
- Corresponding Author
The institution of a marriage is an oldest social institution and provides a foundation on which whole super structure of civilization and prosperity is built. Different personal laws have given different meanings to the concept of marriage ranging from sacramental to contractual union. As far as position in India is concerned, India is still looked by the world as a country where marriage occupies a sacramental position both philosophically and practically. But with the change in the modern setup the traditional concept of marriage has changed and now-a- days a change is visible in our society from arranged marriages to love marriages and now to ?live-in-relationships as well as gay marriages?. Despite all these developments and even granting a level of legal legitimacy to the live-in relationship or gay relationships, it is still largely perceived to be an immoral relationship in our society. In the absence of legislation to deal particularly on live-in relationship as well as gay relationships in India, the partners in these types of relationships often face hardships. At last, the judiciary is looked upon as the last resort to deal with such issues. Here an attempt is made to look into recent developments in the attitude of the Courts in granting various rights to live-in couples as well as gay relationships in India.
- Bahadur, K.P. A History of Indian Civilization,I (New Delhi: Ess Ess Publications, 1979) 211.
- Baker, J.H., An Introduction to English Legal History (London: Butterworths London, 1979) 391.
- Black's Law Dictionary, 6th ed., (1990) 972.
- Diwan, Paras, Law of Marriage and Divorce (Delhi: Universal Publishing Co., 2002) 21.
- Fyzee,A.A.A. Outlines of Muhamadan Law (Delhi: Oxford University Press, 1999) 89-90.
- Jaiswal Puja, ?Live-in Relationship and Law,? Nyayadeep, Vol. XIII, Issue 3 (July 2012) 145.
- Kane,P.V. History of Dharamsastras, Vol. II, Part I (Poona: Bhandarkar Oriental Research Institute Press, 1974) 428.
- Kapadia,K.M. Marriage and Family in India (Bombay: Oxford University press, 1966) 169.
- Kaushik, Shyam Krishan, ?A Relationship in the Nature of Marriage- Hope and Disappointment,? Journal of Indian Law Institute, Vol. 53, Issue 3 (July- Sept, 2011) 474.
- Kumar, Vijender, ?Live-in Relationship: Impact on Marriage and Family Institutions,? Supreme Court Cases Journal, Vol. 4 (2012) 19.
- Mahmood,Tahir, The Muslim Law of India (New Delhi: LexisNexis Butterworths, 2002) 53-55.
- Mishra,Srikant, Ancient Hindu Marriage Law and Pratice (New Delhi: Deep and Deep Publications, 1994) 4-5.
- Pollock and Maitland, The History of English law, Vol.2 (Cambridge: Cambridge University Press, 1968) 364.
- Rashid,Syed Khalid, Muslim Law (Lucknow: Eastern Book Company, 2008) 55.
- Sarkar,U.C., Legal Research Essays, Vol.I (Allahabad: Allahabad Law Agency, 1972) 191.
- Sharma, Deepali and Shikha Rajpurohit, ?Legal and Social Aspects of Live-in Relationship,? International Referred Research Journal, III, Issue 28 (January 2012) 35.
- Sharma, G. L. and Dr. Y. K. Sharma, ?Live-in Relationship- A Curse or Need of the Hour,? International Referred Research Journal, Vol.III, Issue 25 (October 2011) 57.
[Balwinder Singh. (2017); CHANGING DIMENSIONS OF THE CONCEPT OF MARRIAGE - A CONTEMPORARY CHALLENGE TO PERSONAL LAWS IN INDIA. Int. J. of Adv. Res. 5 (Jul). 2039-2045] (ISSN 2320-5407). www.journalijar.com
Assistant Professor, School of Law, The NorthCap University, Gurugram, Haryana(INDIA)
