Concept and nature of marriage
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Concept and nature of marriage

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Concept and nature of marriage Presentation Transcript

  • 1. EVOLUTION OF INSTITUTION MARRIAGE AND FAMILY OF SEX PROMISCUITY[CASUAL AND INDISCRIMINATING] WAS THE RULE .  MILCH CATTLE AND FIRE, TWO DISCOVERIES CHANGED THE LIFE OF MEN.  WITH THE EMERGENCE OF HERDS OF CATTLE , THE IDEA OF POSSESSION AND OWNERSHIP EMERGED.  MAN STARTED LEADING SOME CIVILIZED LIFE. 
  • 2. EVOLUTION OF INSTITUTION MARRIAGE AND FAMILY OF SEX REMAINED UNREGULATED SO ONLY MATERNITY COULD BE KNOWN[PATERNITY NOT BE DETERMINED.  MAN’S QUEST TO KNOW THE PATERNITY OF CHILD LIE THE SEEDS OF INSTITUTION OF MARRIAGE. 
  • 3. EVOLUTION OF INSTITUTION OF MARRIAGE AND FAMILY CONCEPT OF MARRIAGE SACRAMENT-HINDU .[RIG VEDA]  WIFE-ARDHANGINI[HALF OF MAN][MAN IS HALF NOT COMPLETE UNTIL HE MARRIES.  UNITY OF PERSONALITY OF HUSBAND AND WIFE, MUTUAL FIDELITY IS IMPLIED.[HIGHEST DHARMA] 
  • 4. EVOLUTION OF INSTITUTION OF MARRIAGE AND FAMILY DHARMA MUST BE PRACTISED BY MAN TOGETHER WITH HIS WIFE.  SACRAMENT-IT IMPLIES SEVERAL THINGS  FIRST-IT IS OBLIGATORY,  FOR BEGETTING A SON,  FOR DISCHARGING HIS DEBT TO ANCESTORS AND  PERFORMING RELIGIOUS AND SPIRITUAL DUTIES.[NOW LIVE IN, ADOPTION, ETC] 
  • 5. EVOLUTION OF INSTITUTION OF MARRIAGE AND FAMILY SACRAMENTAL-PRIMARILY SACROSANCTPRIMARILY MEANT FOR THE PERFORMANCE OF RELIGIOUS AND SPIRITUAL DUTIES.[TO AVOID EXTINCTION OF THE FAMILY LINE-NOT TO PURCHASE FLAT IN MUMBAI]  IT CAN NOT TAKE PLACE WITHOUT THE PERFORMANCE OF RITES AND CEREMONIES[LOVE MARRIAGE ?]  SACRAMENTAL ALSO DENOTES THAT IT IS PERMANENT UNION[DIVORCE ?] 
  • 6. EVOLUTION OF INSTITUTION OF MARRIAGE AND FAMILY SACRAMENTAL ALSO DENOTES THAT IT IS AN ETERNAL [VALID NOT ONLY IN THIS LIFE BUT LIVES TO COME[I.E WIDOW MARRIAGE NOT RECOGNISED[NOW RECOGNISED ?]  WOMEN COULD ABANDON HER HUSBAND AND TAKE ANOTHER ONLY WHEN HUSBANDMISSING/DEAD/ASCETIC/IMPOTENT/OUT CASTE 
  • 7. EVOLUTION OF INSTITUTION OF MARRIAGE AND FAMILY WITH THE ESTABLISHMENT OF MARRIAGE AS AN EXCLUSIVE UNION, THERE CAME INTO EXISTENCE SLAVE WOMEN, POLYGAMY, CONCUBINAGE AND PROSTITUTION.  MODERN CONCEPT OF MARRIAGE  CONTRACT-AGREEMENT VOLUNTARILY ENTERED INTO BY BOTH THE PARTIES.  CONSENT PLAYS IMPORTANT ROLE[EARLIER CONSENT BY FATHER OR GUARDIAN IN CHILD MARRIAGE] 
  • 8. EVOLUTION OF INSTITUTION OF MARRIAGE AND FAMILY MARRIAGE UNDER HMA 1955  WHETHER IT HAS BECOME CONTRACT OR REMAINED A SACRAMENT?  SEC 5, 11, 12 OF ACT ANSWER THIS QUESTION..  TEST 1-CONTRACT-W/O COSENT OR CONTRACT BY MAN OF UNSOUND MINDVOID  IN MARRIAGE –{II} & {III} OF SEC 5= UNSOUND MIND-VOIDABLE AND BELOW AGE-STILL VALID. 
  • 9. EVOLUTION OF INSTITUTION MARRIAGE AND FAMILY OF THOUGH ONE PARTY PROVES IN COURT THAT HE/SHE DID NOT CONSENT- NO DECLARATION AS INVALID MARRIAGE.  SACRAMENT  PERMANENT AND INDISSOLUBLE UNIONNOW DIVORCE RECOGNIZED.  IT IS AN ETERNAL-WIDOW REMARRIAGE RECOGNIZED.  HOLY UNION-RELIGIOUS CEREMONY IS STILL NECESSARY.[TO SOME EXTENT IT CAN BE ACCEPTED] 
  • 10. EVOLUTION OF INSTITUTION MARRIAGE AND FAMILY  OF CONCLUSION-NOT REMAINED A SACRAMENTAL MARRIAGE AND HAS ALSO NOT BECOME A CONTRACT, THOUGH IT HAS SEMBLANCE OF BOTH.
  • 11. EVOLUTION OF INSTITUTION MARRIAGE AND FAMILY OF HMA 1955  MARRIAGE GIVES STATUS ON PARTIES AND ALSO STATUS OF LEGITIMACY ON CHILDREN.  IN ANCIENT HINDU LAW- EIGHT FORMS OF MARRIAGE PREVAILED.[APPROVED AND UNAPPROVED]  THREE WERE CONSIDERED AS VALID BEFORE 1955-BRAHMA, GANDHARVA AND ASURA  NOW ACT DOES NOT TALK ABOUT ANY KIND OF MARRIAGE RATHER IT TALKS ABOUT MARRIAGE SOLEMNIZED UNDER THE ACT 
  • 12. EVOLUTION OF INSTITUTION MARRIAGE AND FAMILY OF SAGAI- BETROTHAL-PRE NUPTIAL AGREEMENT  ANCIENT TIME-ONE MAY BE COMPELLED TO MARRY IF HE/SHE WITHDRAWS  MODERN LAW-CONTRACT OF MARRIAGE CAN NOT BE SPECIALLY ENFORCED THOUGH AN ACTION FOR DAMAGE IS MAINTAINABLE.[SPECIAL DAMAGE OF EXPENDITURE OR RECOVERY OF GIFTS POSSIBLE.  CONTRAVENTION OF BETROTHAL AGREEMENT IS VALID. 
  • 13. EVOLUTION OF INSTITUTION MARRIAGE AND FAMILY  OF SEC 7 OF ACT STATES THAT HINDU MARRIAGE MAY BE SOLEMNIZED IN ACCORDANCE WITH CUSTOMARY RITES AND CEREMONIES OF EITHER PARTY.
  • 14. EVOLUTION OF INSTITUTION MARRIAGE AND FAMILY OF NECESSARY SHASTRIC CEREMONIES AND RITES ARE KANYADAN, PANIGRAHAN, VIVAHAHOMA AND SAPTPADI[LAST ONE IS NECESSARY FOR ALL HINDUS.  CUSTOMARY CEREMONIESNOT NECESSARILY SHASTRIC BUT MAY BE RELIGIOUS OR NON RELIGIOU.  E.G JATS COMMUNITY-CHADAR ANDAZI MARRIAGE IS ALLOWED.  BUDDHISTS-NO CEREMANY IS REQUIRED. 
  • 15. EVOLUTION OF INSTITUTION MARRIAGE AND FAMILY OF LEGAL COMPLICATION-IF NOT FOLLOWED , IT IS NOT A VALID MARRIAGE.  IF PARTIES ARE ABLE TO SHOW THAT IT WAS NOT REQUIRED –IT WILL BE VALID MARRIAGE.  BIGAMY-FAILURE TO PROVE THAT NECESSARY CEREMONIES WERE PERFORMED, PROSECUTION FOR BIGAMY CAN NOT SUCCEED. 
  • 16. EVOLUTION OF INSTITUTION MARRIAGE AND FAMILY OF RCR WILL NOT BE GRANTED IF IT IS PROVED THAT NO VALID CEREMONY WAS PERFORMED.  CAN A COMMUNITY, CAST , ORGANIZATION CREATE NEW CEREMONY ?  NO UNLESS BACKED BY STATUTORY AUTHORITY.  IS INTENTION TO LIVE AS HUSBAND & WIFE ENOUGH ?-NO[ONE HAS TO FOLLOW CEREMANY] 
  • 17. EVOLUTION OF INSTITUTION MARRIAGE AND FAMILY  OF PRESUMPTION OF LONG COHABITATION OR CUSTOM CAN HELP IN ABOVE MATTER.[PRESUMPTION OF MARRIAGES.114 IEA ]
  • 18. EVOLUTION OF INSTITUTION MARRIAGE AND FAMILY       OF CAPACITY TO MARRYNOW SAPINDA AND DEGREES OF PROHIBITED RELATIONSHIP IS BAR TO MARRIAGE. THIS IS BASED ON RULE OF EXOGAMY[ONE SHOULD MARRY ONLY OUTSIDE ONE’S OWN TRIBE.] ANCIENT TIME-TWO THEORIES OF SAPINDA RELATIONSHIP WERE PROPOUNDED. OBLATION THEORY-OFFERINGS ARE MADE TO DEPARTED ANCESTORS IN THE FORM OF PINDA. PINDA-BALL-MADE OF RICE
  • 19. EVOLUTION OF INSTITUTION MARRIAGE AND FAMILY OF  ONE OFFERS ONE FULL PINDA TO HIS THREE PATERNAL ANCESTORS AND ONE PINDA TO TWO MATERNAL ANCESTORS.  WHEN TWO PERSONS OFFER PINDAS TO THE SAME ANCESTOR, THEY ARE ALSO SAPINDAS TO EACH OTHER. PARTICLES OF THE SAME BODY THEORYPROPOUNDED BY VIJNANESHWARA.-A CONNECTION WITH ONE BODY EITHER IMMEDIATELY OR BY DESCENT.[TOO WIDE DEFINITION] 
  • 20. EVOLUTION OF INSTITUTION MARRIAGE AND FAMILY OF KEPT UPTO 7TH DEGREE ON FATHER SIDE AND 5TH ON MOTHER SIDE.  HMA-UPTO 5TH DEGREE AND 3 DEGREE RESPECTIVELY. 