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Matrimonial Law |
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Matrimony is a social relationship with government, social or religious recognition, usually considered as the one of the most intimate of the relationships and also sexual that is often created as a contract through process. Civil marriage is in fact, the legal concept of marriage. Hence Matrimonial Law form an important part of this civil act. The most common Matrimonial Law unites a man and a woman as husband and wife. Other forms of marriage also exists, like: polygamy, where a man takes more than one spouse and was common in many societies. But polygamy is now considered illegal in the civil Matrimonial Law. In some jurisdiction, marriage has been expanded to include same-sex marriage. Many societies, even some with a cultural tradition of polygamy now recognize monogamy as the only valid form of marriage. For example, China shifted from allowing polygamy to supporting only monogamy in the Marriage Act of 1953. But there are many islamic and african societies that sanction polygamy.
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Since the later decades of the 20th century, many ideas about the nature and purpose of marriage and family have been challenged in some countries, particular by the Lesbian and Gay Social movements. This movement argue that marriage should not be exclusively heterosexual. Some people also argue that marriage may be an unnecessary legal fiction. After the World War II, the West there has been dramatic change in the ideas of marriage. As a result the Matrimonial Law undergo a thorough reformation. Rate of divorce increased from 6 per ecnt to over 40 per cent.There have also been a growth in cohabitation without marriage, a growing unmarried population, children born outside of marriage increased from 5 per cent to over 33 per cent of births, and an increase in adultery from 8 per cent to over 40 per cent.On the other hand, demands for same-sex marriage have led to its legalization in some Western countries.
Many countries regulate the age at which one can get married. Early in 1798, Thomas Malthus proposed delaying the age of marriage to make an end of overpopulation. Societies often placed restrictions on marriage to relatives, though the degree of prohibited relationship varies widely. In most societies, marriage between brothers and sisters has been forbidden. The strong exceptions are: Ancient Egyptian, Hawaiian, and Inca royalty. Some societies allow marriage between some first cousins is preferred, while at the other extreme, the medieval Catholic church prohibited marriage even between distant cousins. According to the Hindu Matrimonial Law any person, especially Brahmin cannot marry a persopn of the same gotra. The Hindu Marriage Act of 1955 brought reforms in the area of same-gotra marriages, which were prohibited prior to the act's passage. Now the Indian Matrimonial Law allows any two consenting adults (women 18 or older and men 21 or older) from any race, religion, caste, or creed to marry.
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