ABHISHEK right to sexual relations. There are

              

                 

                                                       
ABHISHEK DWIVEDI

                                                        
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 MARRIAGE

It is a relationship
which is stable in which a man and woman are socially permitted to have
children indicate the right to sexual relations.   There are few sociologists who define
marriage as :

HORTON & HUNT Marriage is the approved social pattern whereby two or
more persons establish a family

EDWARD WESTERMARK – The
more or less durable connection between male and female, lasting beyond the
mere act of propagation till after the birth of offspring.

Legal perspective1 –

The right to marry is a component of
Right to Life under art. 21 of the constitution of India which says, ‘No person
shall be deprived of his life or personal liberty except according to the
procedure established by law’. This right has been recognised under the
Universal Declaration of Human Rights 1948. Art. 16 of the same states:

HINDU MARRIAGE ACT2

 The main
purpose of the act was to amend and codify the law relating to marriage
among Hindus and
others. Besides amending and codifying Sastrik Law, it introduced separation and divorce, which did
not exist in Sastrkk Law. This enactment brought uniformity of law for all
sections of Hindus. In India there are religion-specific civil codes that
separately govern adherents of certain other religions.

The Hindu community has been giving
great importance for marriage since time immemorial. There are different forms
of marriage –

Brahma Vivaha is where a father marries his daughter
to a learned man of good moral character.

Asura Vivaha is marriage by paying bride price.

Rakshasa Vivaha is by capture or abduction without obtaining the consent of a girl
or her parents.

Gandharva Vivaha is based on mutual love.

Prajapatya Vivaha is where no ceremony is performed but the groom is honoured.

GROUNDS FOR DIVORCE3

Adultery The demonstration of enjoying any sort
of sexual relationship including intercourse outside marriage is named as
adultery. Audltery is considered a criminal offense and significant
confirmations are required to build up it. A change to the law in 1976 states
that one single demonstration of adultery is sufficient for the petitioner to
get a separation.

and there many like cruelty,
desertion, conversion, mental disorder, leprosy, not heard alive, no resumption
and co-habitation   etc.

Muslim Marriage
ACT In the Muslim community marriage is universal for it discourages
celibacy. Muslims call their marriage Nikah 
.Marriage is regarded not as a religious sacrament but as a secular
bond. The bridegroom makes a proposal to the bride just before the wedding
ceremony in the presence of two witnesses and a maulavi or kazi . The proposal
is called ijab and its acceptance is called qubul.It is necessary that both the
proposal and its acceptance must take place at the same meeting to make it a
sahi Nikah.It is a matter of tradition among the Muslims to have marriage among
equals. Though there is no legal prohibition to contract marriage with a person
of low status, such marriages are looked down upon. The run-away marriages called kifa when the girls
run away with boys and marry them on their own choice are not recognized.

Grounds for Divorce under 
Muslim Marriage act, 1939                                                   
The husband’s
whereabouts are unknown for a period of four years.  The husband has failed to provide maintenance to the wife for at
least two years.  The husband has been under imprisonment
for seven or more years. The husband is unable to meet the marital obligations. If the girl is married before fifteen and decides to end the
relationship before she turns eighteen. The husband indulges in acts of
cruelty. There are many more like Khula
and khol or mubarat , Talaq.Talaq  in which first is talaq-e-ahsan second is talaq-e-hasan
third is talaq-ul-bidat and also Sharia Act which was introduced in 1937.

 

In the modern era the social institution
of marriage has observed many changed trends and the ones who are responsible
to bring about those changes are the young individuals for whom the meaning,
significance and purposes of marriage have entirely transformed. In spite of the
fact that we can’t totally express that marriage has lost its accentuation for
the adolescent, yet absolutely it has experienced some radical changes. The
Indian youth are presently getting more affected by the cutting edge and
western esteems, their recognitions and belief systems are getting reshaped
inside the structure of westernization, current training, urbanization and
improved Legislations, and this has also impacted the implications of
marriage within our Indian society. The youth of the cutting edge time has
thought of new and crisp creeds and they rather look for the credibility in the
holding of marriage, with the time various of things have changed and for the
young too the establishment of marriage has additionally been improved as a
holy observance of fellowship, love and trust.

changing
trends of marriage among the Indian youth of the modern era:

Change in the Age of Marriage: the youth of today concentrate more upon individual and expert
development they trust that one should focus on obtaining advanced education
and great job at first and after that ought to get settled in the obligation of
marriage. They accept to make themselves financially and rationally solid
before they advance into the period of marriage and that is the reason the
majority of the youthful individual now get hitched at a more seasoned age.
Where prior young ladies wanted to get hitched at the age of 18-22years and
young men 23-25years now in the cutting edge times it has changed to 24-26years
for young ladies and 25-30years for men individually.

Change in the Process of Mate Selection: The youth no more has faith in the old examples of finding a mate for
marriage rather they trust in looking for the mate without anyone else terms
and conditions

Increase in Divorces and Desertion: most of the youth of
today take after the individualistic esteems that make them concentrated on
individual selves, they first take a gander at their own development and wishes
than of others and such demeanors once in a while result in contentions, disagreement
and disputes with their spouses and that is also why in the modern times the
instances of divorce and desertion are on the increase.

 

Love marriage and arrange marriage : Indian Society is
developing from a past where organize marriage overwhelmed the general public,
and along these lines every one of the conventions/culture/trusts/rehearses
rotates around it. In todays world, young people are more open towards
adoration marriage, however the customary convictions still endure in the
general public which makes it troublesome for those affection flying creatures.

On
top of it, I believe love marriage is driven by emotions which over-power the
practicality of things, thereby creating more issues when you face the reality
with time. Usually separation rate is higher in love marriages.whereas in
arrange marriage In spite of that, a mastermind marriage where the kid and
young lady enjoys each other .It is presumably the most ideal situation to get
hitched in India. Your family and your accomplice both coordinates to settle on
it function as the choice is joined, in this way the division rate is typically
lower.However,
if the arrange marriage is forced by family, it typically means that either
your family is too conservative, dominant or you are too dependant on them.
In every one of these cases, in the event that you have consented to wed
outside your decision, it is exceptionally improbable that in future you can
conflict with them and go separate ways. Once more, partition rate is lower

ADAVANTAGE AND DISADVANTAGE

choice to choose love marriage
has  in which adavantage that it is not
forced upon two individual .disadvantage is that here’s a lot of anxiety and stress that people go through
when they choose to spend their life with someone of their choice.

 Culture and traditions   In every one of these
cases, in the event that you have consented to wed outside your decision, it is
exceptionally improbable that in future you can conflict with them and go
separate ways. Once more, partition rate is lower. And the disadvantage is that
people get to explore other cultures because these are usually inter-caste and
inter-culture marriage. They learn about other cultures and their perception
changes. The decision making is also influenced.

  Children
upbringing   advantage is that the
children out of this wedlock become more mature and independent as they see
their parents making the ends meet. Also, they have a new perception of life
since they explore both the cultures and they tend to become very accepting of
people. And the disadvantage is that The children hardly get to meet their
grandparent and relatives of extended families since the wedding didn’t happen
taking latter’s feeling into account. They are deprived of the love and
camaraderie of their cousins, uncle, aunts and grandparents.

 

1
Taken from UDHR 1948

2 http://bokakhat.gov.in/pdf/The_hindu_marriage_act.pdf

3 ARTICLE 13 Hindu Marriage Act

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