PRE-MARITAL SEX, AS IN RELATION WITH NATURE OF MARRIAGES: A CRITICAL STUDY OF THE INDIAN PERSONAL LAW
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Keywords:
Pre-marital sex, Maintenance, Gender equality, Personal law, legitimacyAbstract
The idea of pre-marital sex is still considered as a taboo amongst the majority of the people in the Indian society; the social stigma related to pre-marital sex makes it necessary for the law to afford protection to the people who are engaged in this. The position of personal law with regard to this issue is vague and thus is many times an issue for heated debate. This paper shall be analysing as to the exact position of law with regard to pre-marital sex and how the courts have interpreted the concept of marriage and the rights of the parties when there is no valid marriage involved. The various personal laws of the land have dealt with the idea of pre-marital sex differently and thus it is essential to ascertain the exact position of the various individual personal laws. It is also very important to know that pre-marital sex also involves the act of live in relationship which shall also be analysed in detail. The paper also aims at analysing the distinction as far as the position of law is concerned with regard to pre-marital sex when there is no live in relationship involved.
The method of study that is used in the paper is doctrinal in nature with emphasis of both primary as well as secondary data. The paper aims to provide a new perspective with regard to the idea of pre-marital sex and also find solutions to the existing socio legal problems regarding this issue.
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