Nature of marriage


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Nature of marriage

  1. 1. Nature of marriage Submitted by: Mandeep B.A.LL.B. 2 nd yr MITS
  2. 2. Index Marriageunder Hindu marriage Act,1955as contractsacrament Evolution
  3. 3. Evolution of the Institution of marriage •Sex promiscuity was the rule among the primitive men •Paternity could not be determined as sex relationship remained unregulated •man’s quest to know paternity of child lie the seeds of the institution of marriage
  4. 4. concept of marriage• Wife becomes • The wife is • The husband is a Paturnuvrate verily half of known as• i.e., she should the husband. bhartri or pati follow the Man is only as he is to same principle half, not support his as her complete until wife and wife is husband. She is he marries known as jaya ardhagini (half of man)Manu Satpatha ShastraSmriti Brahmana
  5. 5. • Acc. to this wife • The wife is said • It declared that is source of to be grihini mutual fidelity Dharma, Artha, (the lady of the b/w husband and kama, and house), sachiva and wife is the she is also the (wise highest Dharma source of counsellor), Moksha sakhi (friend) TaittiriyaMahabharta Ramyana Samhita
  6. 6. Marriage as Sacrament•Marriage is one of the essentialsamskaras (sacrament) for every Hindu•Even in the patriarchal society of theRig Vedic Hindus, marriage wasconsidered as a sacramental union• it continued to be so in the entireHindu period, and even in ourcontemporary world most Hindusregard their marriage as a sacrament
  7. 7. Hindus conceived of marriage as asacrament union which implies severalthings: First, the Marriage ismarriage b/w obligatory,for Wife is not man and getting son,for merely a woman is of discharging his grihapatni but religious or debt to his alsoholy character ancestors and for dharmapatni and not a performing and religious and sadhaharmini contractual spiritual duties union
  8. 8. Such marriage It implies that Thecan’t take place it is a sacramentalwithout the permanent union alsoperformance of union. It is a tie means that it isreligious and which once an eternalspiritual duties tied cnt be union untied
  9. 9. Hindu marriage was a sacrament in the sense that awife could never ask for divorce or for anotherhusband even if her husband was a lunatic, impotentetcAs regards the husband, he could always mock at thissacrament with impunity and arrogance by takinganother wife with similar sacramental fold; and hecould do so as many times as he likedThus marriage as an exclusive and sacramental unionalso gave birth to: Polygamy concubin prostitut age ion
  10. 10. Marriage as a contract• The modern concept of marriage asa contract is an outcome of industrialrevolution•Acc. to the modern era, the highesthuman and social relationship thatman has known, i.e., marriage, too,must be squarely based on freevolition of individuals• And to remove the polygamy,concubinage it was made a contract
  11. 11. Similarities between Hindu Marriage and a contractHindu Marriage Act,1955 Contract Act,1872 Sec. 5 deals with the  Sec. 11 of this Act deals conditions of marriage with the competency ofo Mental capacity parties to contracto Competency  Sec 12 deals with mentalo Free consent of both the capacity of the parties parties to marriage  Sec 14 deals with the free consent of the partiesBy the above mentioned similarities, we canconclude that marriage according to the HinduMarriage Act is more a contract than a sacrament
  12. 12. Thanks