Free Consent In Marriage Contracts: Legal, Social, And Economical Perspectives

Kashika Sachdeva, National Law University, Odisha, Cuttack

INTRODUCTION

Marital union is the most important social institution, deeply imbued into one's cultural, religious, legal and economic norms in society. Free consent in marriage is not only a stipulated condition under the law but also has to be an essential condition for garnering dignity for autonomy and equality in marriage contracts. The absence of free consent gives rise to abuses that include forced marriages, coerced agreements, and marriages of convenience for socio-economic reasons.1

This project generally explores free consent regarding marriage contracts in terms of the legal, social, and economic theories. It aims to analyze how consent is required legally for marriage contracts within many jurisdictions; look into the social dimensions of forced or coerced marriages; and attempt to assess the economic consequences of such marriages where free consent seems questionable. The study strives to fully comprehend what a lack of free consent in marriage contracts can lead to for the individual and, more importantly, to society as a whole.

RESEARCH QUESTION

Are there any legal remedies available in regards to lack of free consent in contracts of marriages?

RESEARCH METHODOLOGY

The research methodology used in this project combines both doctrinal and socio-legal analysis. The project undertakes a doctrinal review of the prevailing legal literature, statutes, and case laws in order to analyze the meaning, scope, and the aspect of enforcement in free consent marriage contracts under the auspices of various legal systems. This shall entail in- depth studies on national legislation within several countries, with particular focus on areas of law governing family rights, laws of marriage, and human rights laws.