Revitalizing the institution of marriage in India a socio legal study

Abstract

The maxim conjunctic martitet peminae est de nature is accepted globally, which means to keep husband and wife together is the law of nature. Contrary to the traditional perspective, modern perspective of marriage is tending to make individual as the fundamental unit of society. Moreover, newly emerged quasi marital relationships are approaching to be partaking the institution of marriage. It is not disputed that institution of marriage is deteriorating. newlineThe present work explores to salvage the institution of marriage through matrimonial remedies. In India, perspective of reconciliation is hitherto entrenched in the traditional model of administration of justice based upon fault theory. In fact to reinforce matrimonial relationships such fault finding approach is not commendable. In the present work, need and mode to articulate our laws by incorporating irretrievable breakdown theory as sole ground for grant of divorce is discussed. Functioning of the Courts as a specialized body/functionary to resolve the marital conflict and make the parties reach at amicable and cordial settlement, with the aim to buttress the institution of marriage is the key point of analysis. It is described to incorporate modern principles in the functioning of courts for administration of justice in matrimonial jurisprudence. To translate into practice modern principles, some structural changes in the Court level are suggested. This shift from traditional model to modern perception is paradigm shift in reconciliation and rehabilitation mechanism to revitalize the institution of marriage. newline newline