Dr. Mohana Rao Pedada., Professor of Law, Keshav Memorial College of Law, Narayanaguda, Hyderabad
Abstract
The paper is fundamentally focused on the concept of marriage as socio-legal and economic Institution , legal and formal validity of marriage in conflict of laws. The contract of marriage and sanctity of marriage under different legal systems of the world. The basic customary socio-legal and economic principles governing the matrimonial institution under distinct conflicting legal systems is the core of discussion of this Article. At the same the chief concern of the author is to highlight the role of the legal doctrines, namely- lex loci celebrationis ,Lex domicile , Lex patriae, habitual residence, lex fori , forum non conveniens or forum not agreeing, application of the Rule of ‘locus regit actum’ rule of comityin determining the formal and material validity of marriages to discourage forum shopping, In the end of this paper the author’s main emphasis on the various matrimonial causes –dissolution of marriages, grounds of divorce, judicial separation, Restitution of conjugal Rights, nullity of marriages - and the specific remedies available under separate juridical systems of world countries, in resolving the Matrimonial disputes. Concluding this paper the author drew the attention of the readers towards the latest trends in the concept of the marriage -- same sex marriages, recognition of live –in- relationship, civil partnership and defacto- cohabitation-the question of validity of polygamous marriages and its recognition by Courts in U.K and its position in India.
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