Essay On Conflict Of Law

Conflict of law in matrimonial causes

Introduction

The conflict of law is generally known as the private international law. The conflict of law between the two countries arises when there is a different system of law. Each country has its own set of domestic law regarding different issues which are followed by the court but a dispute arises when there is a foreign element in the cases. For example a person domiciled in India dies and leaves property in India and abroad then the question arises which country law will be applicable in this case, the law of the country in which he is domiciled or the law of the state where he has its immovable property.

Generally all the countries in the world recognise marriage as the union of man and woman but beyond this there is difference as in west,

The capacity of marriage depends upon the domicile of the person. Countries like India were people of different religion resides with different culture have different personal law to govern there capacity of marriage hence it is highly necessary for the law to follow the principle of lex domicile for the capacity of marriage. Different statute dealing marriages in India are Hindu Marriage Act, Christian Marriage Act, Mahomedan law, Parsi Marriage and Divorce Act. The age for marriage is also fixed in india, unless they acquire the specified age they don’t have the capacity to marry.

The condition for valid marriage among Hindu include minimum age, free consent by a person not suffering from any incapacity, and the stipulation that the parties should not be in the prohibited degree of relationship. According to the Muslim law, the party must attain the age of puberty, must not be barred by the rules of consanguinity. In Christian law a marriage is nullified if they marry within the prohibited degree consanguinity or affinity and neither party should have a spouse living or the earlier marriage is still in