LAW LLB - FAMILY LAW Essay Example | Topics and Well Written Essays - 3500 words

LAW LLB - FAMILY LAW - Essay ExampleKH, 2005). This is the universal and possibly most comprehensive characterization of marriage. Among the most controversial aspects of this is the element of consent. This is encapsulated in the concept of contract. In a contract consent that is not tainted by force or coercion is essential to its validity. consequently it is excessively a major of controversy for marriage. This is compounded by the fact that marriages as a fond phenomena atomic number 18 diverse and multi faceted. The forces governing present indian lodge in the present have imposed earthshaking challenges upon marriage. These adverse forces have given rise to a wide array of problems. Government today sputter tot to protect and uphold family and marriages by finding means to deal with the various problems that undermine them. This also challenges the state to uphold societys many concepts of marriage while also containing negative elements attributed to it. moreover it ha s to strike the balance between its power to regulate society, societys right to culture and the well-being of its citizens. This is not a mundane task given the complexity involved and the magnitude of the harms involved society today. Among the malign realities faced by society today ar forced marriages. This kind of marriage is a marriage conducted without the valid consent of both geties, where duress is a factor. Duress can range from ablaze pressure from family members, to threatening behaviour, abduction or imprisonment, and physical violence (National Society for the Prevention of Cruelty to Children, 2008). In bulky Britain alone the Governments strained wedlock Unit, which handles approximately 5,000 enquiries and 300 cases per year concerning young British nationals at risk of being forced into marriage overseas, believes that forced marriage is another issue that be vastly under-reported (House of Commons Home Affairs Committee, 2008). This fact lonesome(prenomi nal) establishes further the gravity of this problem. Not only that but this also significant prove that consent is a highly disputed aspect of marriage. Marriage in the Asian and Islamic cultures is heavily influenced by deeply rooted and long standing traditions. religious belief and cultural values are integrated to form the notion of marriage. More importantly these form part of the norms of society. This has entrenched them and ensured their survival to the modern times. Among this practise is forced marriage. Given this socio historical context forced marriages are not an issue for real communities and have even proliferated (Muslim Arbitrational Tribunal, n.d.). This provides the socio cultural roots of forced marriage. Forced marriage proliferates under in certain sectors of society whose cultural beliefs and practices provide the basis for it. It is also in these segments of the community that these are commonly practiced. In these conditions the concept of choice and i s subservient to the values an traditions of a certain culture. The motivations for forced marriages are complex and care must be taken to avoid over-generalisations. However, they do face to fall broadly into three categories and the category that is perhaps the most common is where young men and women are found to be involved in a liaison which their families disapprove of. Irrespective of