ABSTRACT
Marriage is a voluntary union between consenting parties. The importance of consent in marriage cannot be overemphasized. Hence the need for consent is sine-qua-non to a valid marriage. Before a marital union is recognized by a state, there must be consent or agreement between the parties of the union to be married. For consent to exist parties must agree to the marriage and there must be no mistake as to the nature of the union; no force must be used upon either party to enter into the union. Parental consent is rampant in Africa where parent gives out their underage children or force their children to get married to a particular person, this long essay shall examine the validity of such marriage under the Marriage Act 2004. Chapter one, general introduction to the whole will be discussed. The second chapter unearth the global concept of marriage , Chapter three discusses the essential validity of marriage . Chapter four espouses the main aim of this study where the effect and implication of force marriage will be discussed, The fifth chapter closes with the summary of the whole study, Recommendation would be made. This long essay shall examine the capacity of party to consent to marriage and also parental consent to a marriage and finally the legal implication of a forced marriage.
CHAPTER ONE
GENERAL INTRODUCTION
- INTRODUCTION
In every community, marriage has no universally acceptable definition, hence it is dynamic in the sense that it cut across jurisdictions, race and tribes and the definition to be given to the concept will depend very much on the social and religious beliefs of a particular society. Marriage could be said to be the basis of the legal is considered imperative because it is the foundation upon which the society is founded. Although, marriage family, the leaned author, E.I. Nwogugu defined marriage as;
“Marriage is a universal institution which is recognised and respected all over the world as a social institution, marriage is founded on and governed by the social and religious norms of society”1
The fact being stressed here is that there is an element of divinity in the concept of marriage. This fact is evident in the Holy bible when it says thus „a man shall leave his father and mother, and shall leave unto his wife and they shall become one flesh‟2. Thesanctity of marital institution is also traced to the Qur‟an, the holy book of faithful
