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Statutory and Traditional Approach to, and Dissolution of, Marriage in Hindu Law: A Comparative Study between Bangladesh and India

- Statutory and Traditional Approach to, and Dissolution of, Marriage in Hindu Law: A Comparative Study between Bangladesh and India -

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Statutory and Traditional Approach to, and Dissolution of, Marriage in Hindu Law: A Comparative Study between Bangladesh and India

Md. Sahidul Islam
Department of Law, International University Chittagong,


Publish Date: August 18, 2007

DOI: #

Issue: 12

Page Number: 161-168

PDF: View PDF


Abstract

Hindu law, it is now generally agreed, has the most ancient pedigree of any known systems of jurisprudence. The study of any developed legal system requires a critical and analytical examination of its basic elements as well as the practical and concrete details, which go to make the contents or body of that law. It also requires consideration of the line of development it has pursued. The obstruction and exposition of the principles or distinctions necessarily involved in Hindu law and the consideration of line of improvement, which it has pursued, are appropriate matters of jurisprudence and legal research. Marriage is one of the most ancient institutions tracing back to antiquity and found in every culture. Marriage has been defined “as a socially, religiously or legally recognized union most frequently of a man and a woman for the purposes of forming a family unit; legitimizing sexual relations and procreation; educating and developing offspring; social or economic stability, security, companionship; or various combinations of these purposes.” However, religious and statutory approach to marriage is not the same in all the religions and countries. So is the case with the process of termination for the same. This paper aims at to picture out the religious and statutory approach to, and dissolution of marriage in, the Hindu community both in Bangladesh and India with a comparative study for the same between the two countries.

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