Expertise
Home / Marriage
Home / Marriage
Marriage case law encompasses legal principles and judicial decisions governing marriage, including its formation, rights, obligations, and dissolution. Courts interpret and enforce marriage laws based on constitutional provisions, statutory regulations, and precedents. Key aspects include the validity of marriage, consent, age requirements, bigamy, and legal recognition of different forms of marriage (civil, religious, or customary).
Judicial rulings often address disputes related to spousal rights, property division, child custody, alimony, and annulment. Landmark cases have shaped marriage laws, such as Obergefell v. Hodges (2015), which legalized same-sex marriage in the U.S., and Shayara Bano v. Union of India (2017), which declared instant triple talaq unconstitutional in India. Courts also intervene in cases of forced marriages, fraud, or non-disclosure of material facts.
In many jurisdictions, family courts adjudicate divorce proceedings, ensuring equitable distribution of assets and protection of children’s welfare. The legal evolution of marriage continues to reflect societal changes, balancing individual rights with traditional norms. Marriage case law serves as a foundation for upholding justice, protecting spousal rights, and adapting to evolving social values.
