PROTECTION OF INDIVIDUAL RIGHTS AND MAINTAINING SANCTITY OF MARRIAGE : A LEGAL ANALYSIS

AUTHOR – PALLAVI GUPTA* & DR. RESHMA UMAIR**

* STUDENT AT AMITY UNIVERSITY

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY

BEST CITATION -PALLAVI GUPTA & DR. RESHMA UMAIR, PROTECTION OF INDIVIDUAL RIGHTS AND MAINTAINING SANCTITY OF MARRIAGE : A LEGAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 998-1010, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This paper provides a comprehensive legal analyses of Matrimonial disputes encompassing both Civil and Criminal cases within Indian context. It examines the legal frameworks provided under personal law (special emphasis is on Hindu Marriage Act) and secular statute to be precise Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Nyaya Sanhita,2023.

The research delves into civil aspects like legal procedures and judicial approaches concerning marriage validity, divorce, judicial separation, maintenance, alimony and child custody. It also addresses criminal offences arising within marriage such as dowry, domestic violence, bigamy, harassment and cruelty.

Furthermore, it explores the role of courts in resolving disputes related to marriage by analyzing judicial interpretations and landmark cases. Paper also contains landmark cases relating to the provisions of Hindu Marriage Act,1955, along with the study on some recent case laws.

The objective of this paper is to provide a discourse on how current legal system and judicial interpretations or pronouncements ensure the protection of individual rights within Matrimonial relationships.

Indian courts and lawmakers have attempted to maintain a delicate balance between safeguarding the fundamental rights of individuals particularly the right to equality, dignity, and protection from abuse while simultaneously preserving the institution of marriage as a vital social foundation. Judicial interpretations have often walked a fine line between promoting personal liberty and discouraging frivolous litigation or the misuse of protective provisions. Family courts, with their emphasis on conciliation and non-adversarial processes, reflect this balanced approach by prioritizing reconciliation and mediation where feasible, without compromising justice. The research also focuses on this aspect that how a baland is made through legislation and by Courts to protect the sanctity of marriage and balance the rights of individuals