Marriage: Conceptual And Chronological Analysis

Ms. Annapurna Pattnaik, Research Scholar, Berhampur University

Prof. (Dr.) N.C. Patnaik, Principal L.R. College, Berhampur

ABSTRACT

Whatever duties obligations that were provided during the time of 'Manu' are no more applicable today. Society has changed and therefore the concept of cruelty is required to be studied in new light. The concept of cruelty needs to be advanced than what was found in Russell’s case. After independence, the Constitution of India came into existence and it provided equality of status. Equal rights under the law are guaranteed by Article 14 of the Constitution. Discrimination based on sex is prohibited by Article 15 (1). Nothing in Article 15 (3) prevents the state from providing special protections for women and children. Every citizen is required by the Constitution to reject behaviours that are demeaning to women's dignity, but for the millions of women who suffer cruelty behind the four walls of the home, the constitutional promise of equality of status is a myth. Among the terrible practices that take place in families are beating up the wife, aborting female fetuses, killing the bride for the dowry, and bride-burning. Penal laws were also enacted to curb cruelty but it seems that they have also failed to yield any fruitful results. It is a harsh truth that the attitude of the society towards women is still the same although now women are educated, confident and are earning. There are many factors that are responsible for this. A deep insight of these factors is required through research. Another reason why necessity has been felt to undergo research on this topic is the impact of western civilization and English rule upon Indian society which has led to change its sacramental character into more or less a contractual one. Not much research has been done on Matrimonial Cruelty. This is due to the fact that there is a general tendency of the people to overlook the incidents of cruelty within the family as it is considered to be a private affair in which people think that they should not interfere and secondly researchers feel that even if they conduct research on such topic, they won’t be getting any reliable information. The aim of the study has been to show that how both civil law and criminal law should go in solving matrimonial disputes in India. Another very important reason for undergoing research is that most of the research is being done on the pitiable condition of the women. There is no doubt that in most of the cases it is the women who is being tortured and harassed but now with the march of time even men are being tortured although their ratio is less. With the change in time there is a change in social attitude and with economic independence coupled with special protective provisions for the welfare of the women, the whole canvas of matrimonial relations has undergone a sea change. The study will also highlight those cases where men are being tortured by their wives.

Keywords: Matrimonial dispute, marital distress, Gender dispute, social attitude