Nature of marriage

1. Nature of marriage Submitted by: Mandeep B.A.LL.B. 2 nd yr MITS

2. Index

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. concept of marriage

5. Marriage as Sacrament Marriage is one of the essential samskaras (sacrament) for every Hindu Even in the patriarchal society of the Rig Vedic Hindus, marriage was considered as a sacramental union it continued to be so in the entire Hindu period, and even in our contemporary world most Hindus regard their marriage as a sacrament

6. Hindus conceived of marriage as a sacrament union which implies several things:

7. Hindu marriage was a sacrament in the sense that a wife could never ask for divorce or for another husband even if her husband was a lunatic, impotent etc As regards the husband, he could always mock at this sacrament with impunity and arrogance by taking another wife with similar sacramental fold; and he could do so as many times as he liked Thus marriage as an exclusive and sacramental union also gave birth to: Polygamy concubinage prostitution

8. Marriage as a contract The modern concept of marriage as a contract is an outcome of industrial revolution Acc. to the modern era, the highest human and social relationship that man has known, i.e., marriage, too, must be squarely based on free volition of individuals And to remove the polygamy, concubinage it was made a contract

9. Similarities between Hindu Marriage and a contract Hindu Marriage Act,1955 Sec. 5 deals with the conditions of marriage Mental capacity Competency Free consent of both the parties to marriage Contract Act,1872 Sec. 11 of this Act deals with the competency of parties to contract Sec 12 deals with mental capacity of the parties Sec 14 deals with the free consent of the parties By the above mentioned similarities, we can conclude that marriage according to the Hindu Marriage Act is more a contract than a sacrament

10. Thanks