Marriage Divorce & Maintenance
From the beginning the Union of two adults have been evolving firstly cultural acceptance and then gradually with the evolution of religion developed a concept called marriage. Free will and consent where still unknown to the larger extent, then slightly like the sunrays of a winter morning a person's consent came into acceptance , together with all the evolution marrige became a sacred obligation later various religious influence this concept for eg. In Islam marrige is both sacrament and contract, hinduism called is "saatjanam ka bandhan" Marriage for seven life a never ending bond and other religions took differently.
Earlier all these issues we're govern and taken care by communities itself under self governing bodies and entirely functioning upon religious text and no space for any other way or remedy could be opted for, people were emotionally attached to the religious text and even wrong interpretations we're not to be questioned. Silent suffering of victims of such abuse we're a mountain high, Not to be said Majority of victims were women.
Later came period of acceptance which brought secular laws and there use as an alternative and corroborative to the religious laws. In India these secular laws were opted in open like can be traced in Special marriage Act , India succession act etc and also put within the religious statue as a progressive law like Hindu Marriage Act got codified in 1956 and many topics were added which we're not there in hindu law for eg concept of divorce is not found in Hidu religious texts.
Muslim law was also not untouched even though the personal laws are still applicable as in Muslims law basic source is only one text that is holy Al-Quran and then come Sunnat, Haddees, Ijma, Qiyas but in case of any conflict Quran will be applicable as all other sources are derived from the Quran itself but even the religious laws are specified secular laws have upper hand for eg Maintenance can be claimed under secular law 125crpc-128crpc , A wife can divorce her husband without delegated rights under secular law.
Above discussed evolution from unrecognised union of two different sexes to legalising Same sex unions we have reached quite impressive. Yes we have reformed matrimonial laws but the mountaining divorce petitions and domestic disputes are alarming, the Independent survey conducted by scroll in reported that the percentage of divorce have doubled in last couple of decade, it is the time to sit and do R&D we're are we lacking are we moving towards making of divorce nation not only the Union of people seperate but the family system of the nation looses.
We are on the peak of eruption and high time to question ourself, what is wrong? Where is that one bolt missing? Or Do we need to look after mental health? And many more.
A person meet another and a union is created then they procreate and make a family, these families live in an area making a locality and then numerous number of locality makes cities and towns and ultimately they together make a nation. Therefore it's a matter of concern for every citizen.
Riyan khursheed
Advocate (Delhi bar council)
MBA, LLB
Mob.no-8882523221
Email id-riyankhursheed@gmail.com
हिन्दू धर्म में तलाक और लिव-इन-रिलेशनशिप जैसी कोई बुराई नहीं है इसी कारण यह मान्यता भी दृढ़ होती है कि एक बार जिस व्यक्ति का किसी से विवाह हो जाता है तो मृत्युपर्यन्त जारी रहता है और उस विवाह में पवित्रता होती है।
ReplyDeleteHindu marriage harmonizes two individuals (mostly male and female) for ultimate eternity, so that they can pursue dharma (responsibility/duties), arth (meaning), and kama. ... In fact, marriage is considered complete or valid even without consummation because the marriage is between two souls and it is beyond the body