Online Copyright Registration in India

Protect your creative work
Books, Songs, film, websites, Software, painting, fashion Design etc
Call now: 09891244487

Ask Our legal Experts, on issues related to Divorce

File Mutual Consent divorce right away

Call at ph no: 9650499965
  Search On:Laws in IndiaLawyers Search

To Appeal before CIC - Central Information Commission
For Filing and Hearing contact: Choudhury's law Office
Ph no: 8851046564

Author Topic: Marriage is a Constitutional Right  (Read 8251 times)

0 Members and 1 Guest are viewing this topic.

Offline advkartik

  • Veteran at Law
  • *****
  • Posts: 156
  • Karma: +4/-0
  • I this is advocate kartik, ask me your law query
    • View Profile
Marriage is a Constitutional Right
« on: April 24, 2012, 10:50:56 PM »
In India:                                                                                                        
The right to marry is a component of right to life under art 21 of onstitution of India which says, “No person shall be deprived of his life and personal liberty except according to procedure established by law”. in the context of right to marry, a mention may be made of a few Indian cases.                                                                                                                                         Person who suffering from venereal disease,even prior to the marriage cannot be said to have any right to marry so long as he is not fully cured of disease.

In United States:
One of our most fundamental rights as citizens of the United States of America is the right to marry the person of our choice. Courts in this country have determined that the right to marry is, in some cases, more fundamental than the right to vote. The right to marry cannot be denied:         
(a)on the basis of an individual’s race;                                                                                                 
(b)to those who have shown themselves to be delinquent on child welfare payments; or                   (c)to inmates.

Legally, every young person has right to marry and to enter into a marriage contract. But unlike any commercial contract, responsibilities of the contract of marriage are not limited only within the contractual parties. Marriage is the foundation of a family as well as social relations. A couple owes a great responsibility to the family and society. In other words, right to marry is not an absolute one; it has to correspond to some other duties. For example, among the various objectives of a marriage, two prime objectives are to legalize the sexual intercourse between two persons of opposite sexes, and to procreate children. But through marriage, law does not only give right to two adult persons to satisfy their biological needs and to give birth to legitimate children, but also does impose a duty not to harm their life partner and children in any way. If a person is not able to perform this duty, he/she cannot exercise his/her right to marry

                    The right to marry is subject to national laws regulating marriage; including laws that prohibit marriage between certain types of people (for example close relatives).   

                         Although the government is able to restrict the right to marry, it must not impose limitations which impair the very essence of the right.
Right to marriage is provided under human right charter that to under the heading of” Right to have family”. In Indian Constitution this right not expressly mention .But it is interpretated under Art 21 .right to marry is universal right .it is available to all persons but whether it includes same sex marriage. Marriage right is recognized at international level but in India there is no special law for marriage right .marriage right is mentioned under various covenant but it does not include person of same sex marriage. Indian constitution provides for right to marry but it is not fundamental right.
« Last Edit: April 24, 2012, 10:52:42 PM by advkartik »

Offline advarjun

  • Veteran at Law
  • *****
  • Posts: 168
  • Karma: +8/-0
  • Advocate Arjun India's Finest legal expert
    • View Profile
Re: Marriage is a Constitutional Right
« Reply #1 on: August 01, 2013, 01:08:16 AM »
Excellent piece of Info Advocate kartik
Advocate Arjun India's Finest legal expert

Offline klandry

  • Newlaw
  • *
  • Posts: 13
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: Marriage is a Constitutional Right
« Reply #2 on: August 01, 2013, 02:30:02 AM »
Yes, I agree. This is indeed a great and informative post about marriage constitutional rights. Thanks for this!


File a Consumer Complaint
Property verification
Call: 9873628941

Lawyers in India - Listed city wise Mumbai
lawyers in London
lawyers in Birmingham
lawyers in Toronto
lawyers in Sydney

lawyers in Milan

Delhi - New Delhi
lawyers in New York
los Angeles
lawyers in Dhaka
lawyers in Dubai

Copyright Registration

Ph no: 9891244487

For Mutual consent Divorce in Delhi - Ph no: 9650499965

Home | Bare Acts | Law Forms | Supreme Court Judgments | Legal Advice | Lawyers | Submit article | Sitemap | Contact Us

legal Service is Copyrighted under the Registrar of Copyright Act ( Govt of India) © 2000-2017
Get Free legal Advice here from top notch lawyers in India