top of page

Concept Of Marriage, Matrimonial Causes In Conflict Of Laws - Issues And Challenges.





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.

Comentarios


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

Submit Manuscript: Click here

Open Access Logo

Licensing:

​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

bottom of page