Anshuman Ashok Mishra, Thakur Ramnarayan College of Law
ABSTRACT
Matrimonial remedies are legal measures put in place to resolve issues within marriages, safeguarding the rights of spouses. Two common grounds for seeking such relief are cruelty and adultery. Cruelty involves mistreatment, either physically or mentally, which makes the marriage unbearable for one spouse. Adultery refers to one spouse engaging in extramarital relations, constituting a breach of the marital contract. However, it is important to note that proving adultery can be challenging, as it typically requires concrete evidence of the illicit relationship.
In ancient times, these remedies were influenced by traditional customs, religious beliefs, and community norms. The interpretation of cruelty varied across cultures, encompassing physical violence, abandonment, and denial of conjugal rights. Adultery was typically addressed through religious and societal means rather than legal channels.
In contrast, modern legal systems have formalized and codified these grounds, providing a structured framework to address marital conflicts. Matrimonial remedies based on cruelty and adultery aim to protect spouses' rights and well- being while upholding the institution of marriage. They offer legal avenues for individuals facing severe mistreatment or infidelity to seek relief and, if necessary, dissolve the union to pursue a more harmonious future.
Keywords: Evolution of Marriage, Matrimonial Remedies, Ancient Period, Medieval Period, British Rule, Hindu Law, Jimutavahan's Dayabhaga, Vijyaneswhara's Mitakshara, Personal Laws, Uniform Civil Code, Hindu Marriage Act, Hindu Succession Act, Hindu Minority & Guardianship Act, Hindu Adoptions & Maintenance Act, Restitution of Conjugal Rights, Judicial Separation, Divorce, Adultery, Ancient Hindu Law, Cruelty, Types of Cruelty, Physical Cruelty, Mental Cruelty.
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