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Conflict Between Law And Matrimony

Though law and matrimony are two different concepts but they are still interlinked with each other in various ways . But its always seen that there remains a conflict between matrimony and laws as there are several personal laws prevailing in the society like Hindu Personal Law, Mohammaden Law and many other if we particular talk about from the matrimonial perspective . The relation of marriage is one of those aspect which can affect our society in both its civil and economical aspect with respect to its relations with social existence, that it required under constant and perpetual legislative control.

Matrimonial phase is one of the essential phases of one’s life , whereas we all are abide by Law in its literal sense means the system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties , while matrimony means the state of being married.

If we primarily talk about the problems or the main issues of the conflict between law and matrimony, the below listed can be called as the:
  1. problems raised in field of purporting to marriage
  2. problems with respect to creation of relationship of man and wife
  3. issue concerned with the legal protection accorded to claims arising from there from

Conflict of laws with respect to marriage is with respect to status , ceremony and incidents of marriage as different religions have different customs and rituals and traditional practices (lex loci celebration is ) On issues relating to marriage, maintaining a balance between the various public policies of the laws involving: State and capacity, validity of marriage, religion, common law, custom, age of marriage, consent etc. is essentially important and necessary.

The will of one of the parties had been overborne by a genuine and reasonably held fear which emerged as a reason of the conflict . Not only in India , the conflict between the two concepts is there in the other countries as well . Treating all cases as, claims involving to incidents, taking care of rights and duties, can be said as approach in resolving the conflict at the primary level .

Since divorce is also a concept which is always seen in conflict with laws . The jurisdiction to try causes for separation and divorce is confessedly related by local laws .Causes of divorce are not transitory in their nature . It is a matter in which the state where it occurs, has an important interest altogether with the independent parties, and which that state may remit without the consent of the parties . It would be seen as most absurd to deny the validity of matrimonial concept and concept of separation and divorce upon the mere incident of alimony, to maintain principal cause of action is utmost necessary .

Each married couple in a state, should accommodate themselves to the existing law of the moment, without reference to the law which existed at the time of the creation of the relation must be always referred which can help in curbing and eradicating this conflict emerged between law and matrimonial aspect.

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