Essay On Traditional Marriage

INTRODUCTION

In India the only relationship which exists between an unrelated couple of a male and female is ‘Marriage’. Marriage is considered as a sacrament and a divine concept which is practiced since time immemorial as a ritual. Legally it entitles the partners to cohabit; the children born out of the wedlock have legitimacy as legal heir; the wife is entitled to maintenance from her husband during and after the dissolution of marriage.

The benefits of marriage come with a lot of responsibilities. To avoid the obligations which come along with traditional marriages and at the same time enjoying the benefit of cohabiting together, the concept of live in relationship has evolved. A life devoid from responsibilities and commitment is what a live in relationship provides. Therefore a live in relationship is

Yet the parties live as a couple and there is stability and continuity in the relationship. They are also known as ‘common law marriages’.

Common law marriage, sometimes called ‘sui juris marriage’ (of one’s own laws), informal marriage or marriage by habit or repute, is a form of interpersonal status that is legally recognized in limited jurisdiction as a marriage, even though no legally recognized marriage ceremony is performed or civil marriage contract is entered into or the marriage registered in a civil registry. A common law marriage is legally binding in some common law jurisdiction but has no legal consequence in others.

Law and society are two faces of the same coin and they necessarily have to go hand-in-hand. The change in the society demands a similar change in the laws governing that society. When this new concept of live in relationships sprouted in the Indian society, it urged for its meaning in the eyes of law. Therefore many High Courts and the Hon’ble Supreme Court sprang into action and tried to explain its