INTRODUCTION :
Position in English laws
In english law marriage restraining agreements are not encouraged as they are averse to increase in population . Some watershed events to testify this are :
1) lowe vs peers (1768)-court of king’s bench
In this case the defendant had entered into an agreement to marry no one but the promisee on penalty of paying her 1000 Pounds within three months of marrying anyone else. Remarks by the court were
“that it was not a promise to marry her, but not to marry any one else, and yet she was under no obligation to marry him.”
It ruled the contract void as it was purely restrictive and carried no promise to marry on either side.
2) Hartley v. Rice
There was a bet between two men that one of them would not marry
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Betrothment is a promise to give a girl in marriage. It is a gift by word, as distinguished from gift by actual delivery of the bride wherein a promise by the father of the bride in favour of the bridegroom, to give him the bride in marriage. There is a varaiable time gap after which comes the marriage ceremony. A betrothal contract is not an irrevocable contract. Defined by customs any revocation of such a contract must be based on a justified reason. Sometimes back such a revocation would entail severe penalties which were to be paid to the bridegroom.
A Contract of Betrothal is not considered an agreement in restraint of marriage within the purview of section 26 of the Indian Contract Act due to the essential difference between an agreement in restraint of marriage and a contract of betrothal which is, that in the latter each party being restrained from marrying anyone else other than themselves. Hence the restraint virtually operates in furtherance of the marriage of both.
5) Tulshiram v. Roopchand
In this a party had rescinded from the betrothal contract and had later claimed such a contract was void. The plaintiff’s in the case where awarded compensation by the court for the amount already spent in anticipation of marriage as well as for the mental torture and degradation of social esteem that
The proposal, we presume, happens in the poem and the unwillingness we believe to be married, is also v...
marriage. She was to do just as he said, without so much as uttering a
Marriage, also called matrimony or wedlock, is defined in general as a social, and legal contract between two individuals that unites their lives legally, economically, and emotionally. There are several basic rules for a marriage to succeed, but the way those two persons decided to be bound by marriage defines the validity of those rules. The typical two ways a couple can end up marrying are, direct contact resulting in love, or arranged marriage. Our topic will shed light on the arranged marriage situation then comparing it to love marriage, while also bringing up the case of forced arranged marriage, and discussing its two different types, then presenting the modern arranged marriage and proving its effectiveness.
...em Council when confronted with a similar disagreement, I will place my focus not on the law, but rather on how do we maintain the Christian fellowship between the two couples. We maintain that Christian fellowship by recognizing the differences, and as supported by the Apostle Paul they are “determined individually by conscience and Christian love.” (McRay, 2003, p. 130). As such, we should take hold of this opportunity to spread the Word of Jesus Christ.
Before the eighteenth century, marriage was far less complicated. Verbal consent and consumation constituted legal marriage: "once the knot was tied by such verbal exchanges it could not be undone: a valid marriage was technically indissoluble. Such vows could be made, moreover, by boys the age of fourteen and girls of twelve" (Outhwaite xiii).
She explains that once the vows are exchanged, she must obey her husband from that point forward. Chudleigh emphasizes the word obey by not only using it in line 5, but in line 17 as well, “Him still must serve. Him still obey” (17). In line 5, she capitalizes the word and even italicizes it along with the usage to emphasize her stance. The expression to love, honor and obey is used as a synecdoche during a vow exchange at a marriage ceremony right before the “I do’s”. Conversely, Chudleigh chooses to use obey which is also found in vows as a term to convince the reader her overall disparage of marriage. The phrase obey is synonymously used as a term of submission, subordination, and a required commitment. Chudleigh’s interpretation suggests that if the vows contend to “obey” your husband, yielding a life of servitude, then such a life would hardly differ from the life of a slave. Chudleigh’s patronizing diction and selection of verbiage such as this one addresses her despise of matrimony.
... middle of paper ... ... Gonzaga Law Review 33.3 (1998): 653-668. HeinOnline.com -.
Cook, Joe. "What Should We Do About Divorce Law? No to Covenant Marriage." World & I. Jan. 1998: 302-317. SIRS Issues Researcher. Web. 04 May. 2014.
In the practice of marriage amongst the Nuer payment of a bridewealth and certain ceremonial rites are performed to initiate the marriage. The ceremonial rites will not take place until payment for the bride is made, exchange of cattle cannot by themselves bring about the marriage (Evans-Prichard, 1951). These two processes are important and close the establishment of the full union of marriage. In Nuer culture a marriage has many steps which are betrothal, wedding and the consummation. In Nuer culture no marriage is complete without with birth of a child. Although divorce is rare in Nuer society after the birth of the first child, divorce does occur. According to E E Evans-Prichard if divorce does occur and no children have been bore the cattle of the bride must be returned (Evans-Prichard, 1951).
...pted. It is of the popular view that a no-fault divorce option should be made available in England and Wales. However, it should be subject to certain criteria for example a mutual agreement between both parties to end the marriage after sessions of counselling or the reference of a medical member (doctor/psychiatrist) for people in an abusive relationship.
A pre-marriage contract, also referred to as a prenuptial agreement or “ pre-nup,” is a legal contract
My original concept of an arrange marriage was negative for the reason that I assumed individuals were deprived of human rights, in result, loosing the right to choose. It was difficult for me to fathom that individuals, usually young girls, were being made to marry a total stranger, generally an older man; the notion sounded absurd. This sort of thing still does happen however it is not the essence of arranged marriage; it is an involuntary marriage (Seth, 2009). Marriage to me signifies a communion of two people who love each other deeply and want to bind that love with a ceremony of a long life commitment. In a western society the tradition of arranging a marriage is frowned upon and is considered an out dated and ancient concept (Trapp, 2009). In saying that, however, more and more people are warming to the idea in the 21st Century (Seth, 2009); for instance shows like Farmer Wants a Wife and The ...
In the medieval, the arranged marriage which is a type of marital union where the bride and groom are selected by a third party rather than by themselves seems to be a norm worldwide. This sort of marriage is ludicrous especially in the contemporary society, however, it gradually tends to be set up by modern individuals' parents or marriage agency excluding the royal and aristocratic clans and numerous in underdeveloped countries. Although this marriage sounds ridiculous and against the human rights, it absolutely bears some merits catering to the modern lifestyle and relationship pattern.
...vailing attitudes and inheritance laws, it would be considered perfectly normal, wise even, for women to enter into a marriage which was financially advantageous, although loveless, in order to ensure financial security for themselves and the other members of their family. In other words, it would be entirely normal for women not to be allowed to say “no”.
Many of the marriages in India are arranged. While the tradition is becoming less and less popular, parents will often search to find the right partner for their children. It is not just two people getting married,