EVALUATION OF OFFENCE RELATING TO MARRIAGE IN INDEPENDENT INDIA

Best Citation – KHUSHBOO AGARWAL, EVALUATION OF OFFENCE RELATING TO MARRIAGE IN INDEPENDENT INDIA, 1 LIU & 77 (2022)

ABSTRACT

This paper is an informative piece which throws lights on the offences related to marriage in India after independence. Offences can be categorized in two categories one for which criminal charges can be faced and the one for which the civil remedy (ground to take divorce) is available. Keeping in view the diverse Indian Culture few offences are religiously categorized too such as Triple Talaaq. There are many offences which do not directly penalizes the offender as a specific proviso have not came into force yet, but the offender can be charged under some other proviso of which the essential conditions are fulfilled. The offences enumerated (Invalid marriage, Bigamy, Elopement, etc) in this paper are in one way or another related to infraction in a wedlock. Further this article focuses on many other offenses which need to be address and brought into focus and bring direct laws related to them such as marital rape, forceful abortion, marital rape, bereave wife’s streedhan right, Infringement of Maintenance right and many more. Article 51A (e) of the Indian Constitution also states that every citizen of India renounces practices that are derogatory to the dignity of women. Thus, this reflects that in no way the legislation intent to hamper the right of women. But from time and ages the institution of marriage has taken multiple form and offenses related to it is one of its kind. For the more detailed analysis of the work go through this article to know the different facet of the offenses related to the marriage in the independent India.

Keywords: Marriage, Law, India, Divorce.