CHAPTER – II
CONCEPT OF HINDU, MUSLIM AND CHRISTIAN MARRIAGE
The concept of marriage as it is understood by Hindu, Muslim, and Christian law is
examined in this chapter. The legal systems of Islam, Christianity, and Hindu all include
unique sections that deal with marriage. The first section of the book is about Hindu
marriage, the second section is about Muslim marriage, and the third section is about
Christian marriage.
2.1. HINDU MARRIAGE AS A CONCEPT
During the prehistoric era, men in the wild moved from one place to another as part of
their daily lives. They didn't have a regular home, and their primary occupation was hunting.
They used to have sex with anyone from the opposite sex in their social group or with
members of other social groups when they craved for it because they were living under the
trees 1. As time passed, there was a change in the way individuals lived their lives. For the
purpose of sustaining their way of life, they started rearing goats, cows, and other animals. In
the prehistoric period, there was no such thing as a marital institution, and men were free to
have sex with any woman whenever they wanted. After some time, two groups would wed,
and all the men would have intercourse with one group of women.
The aim of marriage, according to 2 people, is to have children legally. Every type of
life on Earth needs to reproduce in order to exist. Even if it can be difficult to define,
marriage can be defined as a relationship between a man and a woman in which children born
as a result of this system are regarded as their legitimate progeny. In order to engage in
behaviour associated with reproduction, humans require the same kind of collaboration
between two individuals with different sex structures as do other animals. In all living
creatures, there is a certain kind of impulse known as sexual drive. In order to harness the
urge to mate, the concept of marriage was developed in human civilization. 3 All Hindus,
regardless of caste, are required to be married as part of their religious practises known as
Samskaras (Sacraments), with the exception of those who want to live forever as
brahmacharis4 or sanyasi5.
1. Mana Vivaha Vyavastha by Nori Srinadha Venkata Somayajulu, 1990, Kranthi Press, Madras, P-3.
2. Mana Vivaha Vyavastha by Nori Srinadha Venkata Somayajulu, 1990, Kranthi Press, Madras, P-5.
3. Ibid
4. Unmarried
5. Mayne‟s Hindu law & usage, 14th edn. 1998, P.125, Bharat law house, New Delhi.
11
The Veda ordered that a man must practise Dharma with his wife. "To be mother,
women were created, and to be a father, men." 6. "He only consists of himself, his wife, and
his children, and they are the perfect man." 7. "Those who have wives can carry out their legal
responsibilities in this world; those who have wives, truly have a family life; those who have
wives, can be happy; those who have wives, can lead a full life."8.
Hindus viewed marriage as a divine bond and sacramental relationship as a result. The
implications of this are numerous. .A Hindu must marry in order to meet his or her religious
and spiritual commitments, bear offspring, and pay back his or her ancestors' debt. Wife also
possesses the qualities of a Sahadharmachari, Dharmapatni, and Gruhapatni. That Hindu law
typically does not approve of widow remarriages was implied. There is a restriction that only
one maiden may be given in marriage. A loyal wife must, insofar as is humanly feasible
while her husband is still alive, keep her virginity9.
Derrett succinctly puts it this way: "The intention of the sacrament is to make the
husband and wife one, physically for secular and spiritual purposes, for this life and for after
lives"10. Wives are a divine institution provided by Gods, according to Manu. You shouldn't
think of getting her as your choice.11.
The Vedas state that she is one with her husband 12. A wife makes up half of her
husband, making him whole13. A woman must be respected by the men in her life who are
concerned for her welfare, including her father, brother, husband, and brother-in-law. The
Gods are pleased when women are revered, but when they are not, no sacred rituals are
rewarded14.
4. Unmarried
5. Mayne‟s Hindu law & usage, 14th edn. 1998, P.125, Bharat law house, New Delhi.
6. Manu Smriti, ix, 96, cited in Dr. Paras Diwan on Hindu Law, 2nd edn. 2005, P.547, Orient publishing
company, Allahabad.
7. Ibid.
8. Mahabharat, Adi Parva, 40-41, Ibid.
9. Manu Smriti, V. 160-1661; cf. Dr. Paras Diwan on Hindu Law, 2nd edn. 2005, P.547, Orient publishing
Company, Allahabad.
10. J. Duncan M. Derrett – A Critique of Modern Hindu Law, (1970), 287. ibid. p. 531
11. Manu Smriti, ix. 95; Yatj; P. 544, Vishnu, XXX, 17, Parasara, IV, 26, Orient publishing company,
Allahabad.
12. Manu Smirit, ix.96; ibid, p.545.
13. Manu Smriti, ix.26; ibid.
14. Manu Smriti, iii.58; ibid.
12
Manu asserted that a man who has not married has not fully developed his personality
and should be viewed as deficient. His personality doesn't fully mature and complete its cycle
until he marries his bride and has children with her. This highlights the significance of a man
and his wife's unity of personality in Hindu law. So marriage is a holy link of oneness and
spiritual union, not a contract, in the grihyasutras' view. After the saptapadi, 15 the husband
says to his wife, "Into my will, I take thy heart; thy mind shall follow my mind." Even in the
patriarchal Rig Vedic Hindu culture, marriage was viewed as a sacred union.
This view has not changed throughout the entirety of the Hindu era, and it is still held
now. A large portion of Hindus consider their marriage to be a sacrament. Manu sat down
and proclaimed, "You are given to me by the righteous, the Creator, the wise, and knowing
people16. I'm going to hold your hand for saubhagya (luck), so you can live a long life with
your husband. The couple's union was thought to be unbreakable. Only in exceptional
circumstances would the smart guy allow a woman to leave her husband and take another
man. Vasistha said, "A damsel engaged to one without character and good family or afflicted
with impotency, blindness, and the like, or an epileptic, an infidel, or an incurably ill
person...should be taken away from him and married another. The sole subject of this text,
however, is engagement17.
Narada and Parasara outline five circumstances in which a woman may divorce her
spouse and wed another: (i) when a spouse has left the house; (ii) after he has passed away;
(iii) after he has taken up an austere lifestyle; (iv) after he has become infertile; and (v) after
he has become an outcast.18 Remarrying was permitted in the following situations: 1) if a
damsel was abducted and not married in accordance with religious rituals; and 2) if the
husband died before the marriage was fully completed. In addition, this restriction did not
apply to the husband. A man could wed again right away after the death of his wife.
Kautilya asserts that a woman may divorce her husband if he has a bad reputation,
is frequently absent, has turned traitor, is a threat to her safety, is an outcast, or has lost his
virility19. Manu counsels the wife to take on her husband's morals and become a patunuvarte,
or to follow orders20. The Rig Veda instructs, "Be thou mother of mighty children, dedicated
to the Gods, and be thou queen in her father-in-law's household." Hopefully, all the gods can
merge our two hearts into one, 21.
15. Taking seven steps by the bride and the bridegroom jointly before the sacred fire.
16. Manu Smriti, viii. 227; cf. Dr. Paras Diwan on Hindu Law, 2nd edn. 2005, p. 545, Allahabad.
17. Dr Paras Diwan on Hindu Law 2nd edn. 2005, p.548, Orient Publishing Company, Allahabad.
18. Narada, xii, 81, Parasara, x, 26-35; p.548, Orient publishing Company, Allahabad.
19. Dr. Paras Diwan on Hindu Law, 2nd edn. 2005, P. 548, Orient Publishing Company, Allahabad.
20. Manu Smriti, viii, 228; cited p.546; cf. Orient Publishing Company, Allahabad.
21. Rigveda, ix, 85; cf. Orient publishing Company, Allahabad
13
Being referred to as a sacramental union means that marriage is a sacred bond. Hindus
believed that marriage was a partnership that was largely for performing religious and
spiritual tasks. Without the execution of religious rites and ceremonies, such a marriage is
impossible. Second, a sacramental union means that the union is long-lasting. Marriage is a
knot that can never be broken once it is tied. This suggests that a marriage cannot end.
Thirdly, it is an eternal union because of the sacramental relationship. It applies to not just
this life but also lives to come.
Every Hindu is required to get married in order to enter the "grihasta-ashrama,"
22
claims Manu. A man cannot execute several yagnas (religious and spiritual sacrifices, rites,
and ceremonies) among Hindus without a wife. She is referred to as Dharmapatni for this
reason. Thus, Manu claimed that the wife is responsible for the proper execution of religious
rites, devoted worship, Yagnas, the maximum level of marital joy, and celestial bliss for one's
ancestors and oneself23.
Marriage is described in the Vedas as a union of "bones with bones, flesh with flesh,
and skin with skin, the husband and wife become as if they were one person" 24. The primary
goals and aims of this institution of marriage are to be accomplished via the cohabitation of
man and woman, the highest ideals of Dharma (obligation in accordance with law and
religion), Arth (economic endeavour and achievement), Kama (love and procreation), and
purusharth (best and noble actions and deeds). These are the factors that physically determine
the idea of marriage. Additionally, the institution of marriage encourages and requires
husband and wife to live together under one roof and work together to achieve what is best
for both parties25. The purusharthas thesis offers the solution to comprehending the individual
seeking salvation in relation to society. There are four of these Purusharthas: Dharma, Artha,
Kama, and Moksha. The four ashramas are where the dharma is most ingrained of these.26
22. Hindus have divided humand life into four ashramas or stages; first is the Brahmacharya ashrama (student
ship), the second is the Grihasta ashrama (life of house holder), the third is the Vanaprastha ashrama (life of a
recluse) and the last is Sanyasa ashrama (the life of total renunciation of world).
23. Manu smriti, ix, 64-68, cf. Dr. Paras Diwan on Hindu Law, 2nd edn. 2005, p. 532, Orient Publishing
Company, Allahabad..
24. Shyama charam sarkar; vyavastha chandrika, [Link], 480; cf. Dr. Paras Diwan on Hindu Law, 2nd edn. 2005,
p. 532, Orient Publishing Company, Allahabad.
25. Shyama charam sarkar; vyavastha chandrika, [Link], 480; cf. Dr. Paras Diwan on Hindu Law, 2nd edn. 2005,
p. 532, Orient Publishing Company, Allahabad.
26. Dr. Paras Diwan on Hindu Law, 2nd edn. 2005; p.47, Orient Publishing Company, Allahabad
14
The goal of dharma is the welfare of all creation. Dharmas are anything that is free
from creating any harm to any created creature because dharma is, in fact, meant to aid all of
creation and is hence free from any harm27. The reason Dharma is so named is because it
safeguards everyone. All things created are preserved by dharma. Dharma, then, is
unquestionably the principle that can keep the universe from collapsing28.
Karma suggests that man has desires and enjoys and is satisfied by the life of the
senses, especially sexual impulses. Thus, the term "Kama" refers to all of a person's inborn
motivations and aspirations.29 Artha refers to the resources needed to obtain material
prosperity, such as money and power, and signifies the acquiring of wealth. Moksha is the
Sanskrit word for salvation30.
Artha and Kama must be dealt with, weighed, practised, and acquired in the context of
Dharma, which is the bearer of the balance. In light of this, one should live according to
dharma31. The harmonic cooperation of the three, according to Manu, is what makes a man
good.32 There are four ashramas where the purusharthas are to be practised: the
Brahmacharya Ashrama, the Grihasthya Ashrama, the Vanaprastha Ashrama, and the
Sanyasa Ashrama. In the Grihasthya Ashrama, a person can fulfil his or her basic needs for
pleasure and gain prosperity. The person searches for moksha in their elderly age.33
The goals of a Hindu marriage traditionally included having children, participating in
religious rites and sacrifices (which a man can only do with his wife), and achieving the
maximum levels of marital joy and heavenly bliss for one's ancestors and oneself. All of
these goals must be accomplished, and the wife's cooperation is necessary. 34 In this Ashrama,
he entirely separates himself from the outside world and daily life, living in a forest and
leading an utterly austere existence. It entails complete surrender of the outside world.
Because her husband, who had brought her into the family and with whom she was, of
course, more closely attached than with anyone else, had passed away at the time of their
marriage, the wife's admission into the family had become a limb and she was unable to cut
herself off.
27. Mahabharat Shanti Parva, 58; ibid.
28. Mahabharat Shanti Parva, 59; ibid.
29. Dr. Paras Diwan on Hindu Law, 2nd edn. 2005; p.47, Orient Publishing Company, Allahabad.
30. Dr. Paras Diwan on Hindu Law, 2nd edn. 2005; p.47, Orient Publishing Company, Allahabad.
31. Mahabharat, Shanti Parva, 167, 6-9; cf. Dr. Paras Diwan on Hindu Law, 2nd edn. 2005, P.47, Orient
Publishing Company, Allahabad.
32. Manu Smriti, ii, 224; ibid.
33. Dr. Paras Diwan on Hindu Law, 2nd edn. 2005; p.47, Orient Publishing Company, Allahabad.
34. Dr. Paras Diwan on Hindu Law, 2nd edn. 2005; p.47, Orient Publishing Company, Allahabad.
15
He might be dead but the family did not die and she remained as much a part of it as
before. Therefore, during the solemnization of the marriage ceremony, the husband pointed
out to the wife, the pole star as a symbol of constancy and she prayed “as this pole star is
constant, so many I be constant in my husband‟s family35.
Following the fulfilment of the samskara, the status of husband and wife emerges, with
several secular and spiritual repercussions. Some of them can be perceived, while others are
quite sensual. On a bodily level, the couple gives themselves over to one another and
experiences the pinnacle of wedded bliss36.
The gotra and pravara of the husband pass to the bride upon marriage. In addition to
receiving special domestic and sexual status, a woman has a sapinda relationship with her
husband. Since she was a young woman, the position of wife has drastically changed. The
biggest change is that she takes on the role of progenitor and has a claim to her husband's
society. She is now in charge of continuing her husband's generation, or "vamsa." This was
the basis for niyoga37's acceptance as a societal standard. Her sexual fidelity was also required
as a result. According to Manu, in terms of Dharma, Artha, and Kama, a husband and wife
shouldn't be found to be disloyal to one another until their deaths.38
One of the distinguishing characteristics of a Hindu marriage has been that it has been
more focused on the fulfilment of religious obligations and the conception of a son, who
permits a man to be saved from the torments of hell. Instead of being a contract, marriage
was an unbreakable bond. One and for all, it is solemnised. Hindu marriage, which involves
the transfer of authority over the damsel from the father to the husband and has always been
the cornerstone of peace and order in any civilised community, has been a well-established
institution with a religious component to it since the Vedic era. In a case 39, the Allahabad
High Court stated that "in Hindu law, the institution of matrimony is a sacrament and not a
simple betrothal. It has a religious context. It is seen as a component of the soul's life. As with
the "consortium omntum vitoe of Rome," it is a holy spiritual union through which a husband
and wife are united.
34. Dr. Paras Diwan on Hindu Law, 2nd edn. 2005; p.47, Orient Publishing Company, Allahabad.
35. Ibid.
36. Dr. Paras Diwan on Hindu Law, 2nd edn. 2005; p.47, Orient Publishing Company, Allahabad.
37. Niyoga means the begetting of a son on hire by another on the wife of a man who was either dead or
impotent or disordered in mind or incurably diseased. The begetting must be by the brother of the dead or
impotent person. The son so begotten belonged to the husband of the woman. The custom is obsolete. (K.J.
Ayar‟s Judicial Dictionary, 13th edn. 2001, Butterworths India, New Delhi).
38. Manu, ix, 101, 102; cf: Dr. Paras Diwan on Hindu Law, 2nd edn. 2005, P.546, Orient Publishing Company,
Allahabad
39. Gopal Krishna V. Mithilesh Kumari, AIR 1979 All 316.
16
By giving birth to a male child through a legally wedded wife, every Hindu is discharged of
the debt to his father, which is technically called as "Pitririn" 40. Marriage was intended to
perform religious rites and sacrifices as well as to produce children who would extend
spiritual benefits to their deceased ancestors by offering funeral oblations and by perpetuating
the name and lineage of their forefathers.
In the case of Shivanandy v. Bhagawanthyamma 41, it was determined that marriage is
irrevocable since the marriage process is completed by saptapadi before consecrated fire
establishes a religious relationship, which cannot be broken after it has been established. A
willing mind is not necessary for the execution of a simple contract.
Marriage serves as the cornerstone of important legal rights and obligations as well as
the framework for social and religious organization42.
According to its etymology, the word "marriage" in the English language can refer to
three different things:
1. The mutually consensual union of a man and woman;
2. The act of union between a man and a woman; and
3. The inciting of a woman to become wed to a man.
"The satisfaction of the sexual urge, the relationship between the husband and wife
apart from it, and procreation are the three essential components in every normal marriage."
The wife is medicine for a grieving husband, according to the Mahabharata's Chapter
Anu Parva, which indicates that she is half of the man and is known as "Ardhangini"43.
[Link] of marriages :
1. Polygamy: This refers to a marriage between one man and multiple women. Another name
for it is polygyny. Prior to the passage of the Hindu Marriage Act, 1955, it was common
among Hindus.
2. Polyandry: The practise of a woman having multiple husbands. It refers to a relationship
where a woman marries many men.
3. Monogamy: This refers to the practise of only having one spouse. It consists of a man and
a woman getting married. In the world, the vast majority of people choose to get married in
monogamous relationships.44.
A happy family is the outcome of marriage. The smallest social group in society is the
family. A social need is for families to be united.
40. R.K. Agarval- Hindu law, 21st edn. 2003, P.31, Central Law Agency, Allahabad.
41. AIR 1962 Mad. 400.
42. R.K. Agarvala – Hindu law, 21st edn. 2003, P.32, Central Law Agency, Allahabad.
43. Mana Vivaha Vyavastha by Nori Srinadha Venkata Somayajulu, 1990, Kranthi Press, Madras, P3.
44. Law of Marriage Divorce by P.C. Pant, 2nd edn. 2001, Orient Pulbishing Company.
17
2.2. MUSLIM MARRIAGE AS A CONCEPT
India, a democratic and secular nation, permits its inhabitants to practise any religion
they choose and to live according to their own unwritten personal laws. In terms of family
matters, Mohammedans are likewise free to adhere to their own personal laws represents the
smallest social unit. A societal necessity is for family unity.
There were several Arab traditions existing before the advent of Islam. They are (i)
freedom of giving up and accepting women again, (ii) temporary marriage, (iii) marriage with
two real sisters concurrently, and (iv) purchasing a girl from parents by paying a certain
amount of money. Islam accomplished this and brought about a significant shift in the idea of
marriage by eradicating these immoral social norms.45
The Arabian society around the end of the sixth century was rife with vices like
ignorance, superstition, and cruelty. Ancient paganism or heathenism was not a set belief
system. On August 29, 570 A.D., the Prophet Mohammed was born in Mecca46.
At the age of forty, Muhammad got his first revelation from God, laying the
groundwork for a brand-new religion. The Prophet's teachings are preserved in the Holy
Book of Allah, also known as "the Koran." The people who adhere to the religion that the
Prophet "Islam" preached are known as "Muslims"47.
There were four sorts of sexual connections that flourished in pre-Islamic Arabia,
with one of them predominating in its conventional form, which is known as marriage.
Customs governed these relationships. Women's status was poor at the period, but the
Prophet Muhammad eventually changed that. The Prophet forbade all forms of loose sexual
relationships, including group marriage, barter marriages, flag weddings, prostitution, and
sending a bride to a famous man for sexual encounters. Islam embraced this idea and
reformatted it by making the woman the major contracting party as well as the purpose of the
contract, leading to the current form of Mohammedan Marriage 48. In Paganism, the idea of
selling the woman was associated with marriage.
Getting married is known in Arabic as nikah. "Contract" is what it refers to. Marriage
is particularly referred to in the Quran as "Mithaqun Ghalithun," which is Arabic for "a strong
agreement." The word "nikah" originally referred to a man and a woman's sexual interaction.
Additionally, the marriage contract that establishes the legality of the partnership is referred
to in this usage. "A contract that results in the man and woman supporting each other while
living together within the parameters of their rights and responsibilities." A man and a
woman enter into a mutual compact with the intention of enjoying one another, building a
godly family, and creating a stable community.
45. Lawyersclubindia Article: An Overview of concept of marriage in Muslim law, dt.10.1.2010.
46. The principles of Mohammedan Law by Dr Nishipurohit.
47. The principles of Mohammedan Law by Dr Nishipurohit.
48. The principles of Mohammedan Law by Dr Nishipurohit.
18
The practise of "nikah" has always been seen as virtuous among Muslims. It is said in
"Radd-ul-Mukhtar" that "there is no act of devotion that has remained prescribed for us, from
the time of Adam, upon him be peace, up to his moment, and which is to continue in
paradise, except Nikah (marriage) and Imaan (faith)."49 .
Wedlock, a husband and wife's mutual partnership, or the institution wherein a man
and woman are joined in a particular sort of social and legal relationship with the aim of
starting a family are all definitions of marriage. A Nikah is a contract that allows for the
legalisation of sexual relations and childbearing under Islamic law. Nikah thus denotes a
union of the sexes. Additionally, there is a purpose for this union, one that grants the status of
husband and wife to a man and woman who choose to marry, as well as the status of
legitimacy to any children born as a result of such a union.50
The foundation of society is acknowledged to be marriage. The institution of marriage
serves to advance man and ensure the survival of the human race. It is a strict need that
spouses respect and cherish one another. The Prophet was committed to improving women's
status. He insisted that the people meet their brides in person before they got married, and he
believed that a woman's noble character was the finest justification for doing so. It is a
contract that makes sexual relations and childbirth legal51. The purpose of marriage is to:
i) provide husband and wife's sexual relationship legal status.
to legalise the kids
(ii). Since there is no legal marriage contract, male and female sexual relations are prohibited.
The children born from a marriage are legalised by the marriage. Illegitimate children
are those who are born from any partnership that is not a legal marriage.
Muslim marriage is a civil contract, according to the law. Its legal essence is hence
contractual. Muslim marriage is not only a civil transaction, but also a social and religious
institution52.
[Link] Aspect:
The factors that make up a Muslim marriage and the way it is consummated are
practically identical to those of a civil contract, so legally speaking, a marriage is considered
to be a contract.
The following components help to demonstrate how a Muslim marriage is contractual in
nature:
i)The parties to the marriage must also be competent,
ii) A marriage cannot be finalised without the parties' or their guardians' offer, acceptance,
and free consent.
---------------------------------------------------------------
49. Radd-ul-Mukhtar, Vol.2 at page 280 (Hizri); cited in Dr Mohammad Nazmi –Mohammadan Law, 2 nd edn.
2008, p.32, Central Law Publications, Allahabad.
50. Dr. Nishi Purohit – The Principles of Mohammedan law, 2nd edn. 1998, P.105, Orient Publishing Company,
Allahabad.
51. A.A.A. fyzee-Outlines of Mohammadan Law, 1999 edn. P.90, Oxford University press, New Delhi.
52. Dr. R.K. Sinha – Muslim Law, 5th edn. 2003, PL.40; Central Law Agency, Allahabad.
19
iii) Within permissible boundaries, the parties to a marriage contract may decide on its
conditions.
iv) Just as there are laws governing the rights and obligations of the parties in the event of a
contract violation, there are also rules governing the respective rights and obligations of the
husband and wife in the event of a divorce or dissolution of marriage.53..
Muslim marriage has characteristics that are comparable to those of a civil marriage, yet it is
not fundamentally the same. The evidence from the following points shows how significant
its social component is.
2.2.2. Aspects of society:
To fully comprehend the true essence of the Nikah, it is important to study its social
aspects. Women have been granted a clear and respectable standing through the social
institution of the nikah. In the wake of the Prohpet, society underwent transformation. Giving
women an equal standing was a requirement for every social reform. In order to grant women
equality and freedom, there had to be a clear institution or established legislation. The
Prohpet established Nikah as a means of putting women on an equal footing with males with
that goal in mind. Consequently, it is asserted that the nikah is a well-established social
institution that grants women a distinct and respectable place in society.
The following arguments54 can be used as a foundation for an explanation of the social
institution.54
1) Muslim law permits just a little amount of polygamy; a man may not have more than four
wives at once. One may enter into as many civil contracts at once as they like.
2) As a sign of respect for the wife in every Muslim marriage, the husband must offer or vow
to provide her dower. The usual rule in civil contracts is that if consideration is not named or
alluded to in the contract, there is no obligation to pay it. However, in a Muslim marriage,
even if the amount of dower has not been set, the husband still needs to give his wife a decent
amount of dower as a sign of respect.
3) Certain close cousins are not allowed to marry each other. You can't get a brother and a
sister married. However, he is able to bind his sister to a binding contract.
4) The Muslim is opposed to the marriage contract in a few specific situations. For instance,
it is forbidden for a Shaia Muslim to be married while on the Haj. Similar situations exist in
other areas of marriage that are referred to as relative bans. In civil contracts, there are no
such restrictions. Shia law, however, declares that a marriage that takes place during the Haj
is invalid.55
Marriage among Muslims is therefore obviously not a regular contract. It fosters the
growth of a healthy society free from evils and is a potent social organisation for the
advancement of women.
53. Dr R.K. Sinha-Muslim Law, 5th edn 2003, P.41, Central Law Agency, Allahabad.
54. Dr R.K. Sinha-Muslim Law, 5th edn 2003, P.41, Central Law Agency, Allahabad.
55. Dr R.K. Sinha, Muslim Law, 5th edn. 2003, p. 42, Central Law Agency, Allahabad.
20
2.2.3. Religious consideration:
In addition to the legal and social considerations, the Quran, which is a compilation of
God's commandments, commands every Muslim to wed a suitable woman of his choosing.
Every Muslim has a religious obligation to enter into a marriage that complies with Islamic
law. Anyone who refuses to marry without a good reason is going against what God has said.
Marriage is also part of the Prophet's tradition (Sunnat), according to 56.
Marriage is regarded as a "Sunnat Muwakkidah," according to Islam. This indicates that
it is an action of the sort that, if taken, will result in a person receiving religious rewards. He
will be guilty of sin if he chooses not to do it.57
Abdul Rahim notes that "the Mohammedan jurists therefore regard the institution of
marriage as partaking of the nature of "Ibadat" or devotional act and "Muammalat" or
dealings among men."
The foundation of society is acknowledged in Islam to be marriage. Both a sacred vow
and a contract are involved. The institution of marriage promotes the improvement of the
human condition and ensures the survival of the race. To keep society clean and chaste is the
basic goal of the institution of marriage. Moreover, it has been asserted that marriage is such
a sacred sacrament that, in this world, it constitutes an act of devotion known as Ibadat since
it protects people from impurities.58
Marriage, in the words of Tyabji, "brings about a relation based on and arising from a
permanent contract for intercourse and procreation of children between a man and a woman,
who are referred to as "party to one marriage" and who, after being married, become husband
and wife."
Therefore, marriage is a contract under Islamic law that establishes the rights and
obligations of the parties and any offspring of the union, as well as legalises sexual activity,
encourages childbirth, validates the legitimacy of children, and controls social life in the
interest of society.
2.2.4. Muslim marriage's nature is up for debate:
Some jurists believe it to be nothing more than a legal contract, while others assert that it is
a sacred ritual. Muslim marriage is regarded as only a legal contract and not a sacrament,
according to several scholars and jurists who expressed their opinions in texts59.
As an illustration:
i) Just as marriage necessitates a proposal (ijab) from one party and acceptance (qubul) from
the other, so does a contract. Furthermore, there cannot be a marriage without free consent,
and pressure, deception, or other unethical techniques should not be used to get consent.
56. Dr R.K. Sinha, Muslim Law, 5th edn. 2003, p. 42, Central Law Agency, Allahabad.
57. Aquil Ahmand – Mohammedan Law, 21st edn. 2004, P.108, Central Law Agency, Allahabad.
58. Ammer Ali, students 7th edn. P.97; cf. Dr. R.K. Sinha Muslim Law, 5th edn.2003, p.108.
59. Aquil ahmad – Mohammedan law, 21st edn. 2004, P.110, Central Law Agency, Allahabad.
21
ii) In accordance with Muslim law, a marriage contract may be revoked by a minor upon
reaching puberty, just as a contract put into by a guardian may be revoked by a minor upon
obtaining majority.
iii) If an ante- or post-nuptial agreement is acceptable and does not violate Islamic law, the
parties to a Muslim marriage may enter into it as long as it is enforceable by law.
iv) The same as with any other contract, there is a clause that addresses marriage contract
violations. Marriage among Muslims is not a sacrament, but rather a civil contract, according
to Justice Mahmood in a case60. Although it is typically solemnised with the recital of a few
verses from the Quran, Mohammedan law does not seem to foresee any special services
being required for the event.61
Because the Prophet Mohammad continued to perform nikah, every Muslim is expected
to do it. Because of this, there is a tradition that says, "Nikah is my Sunnat and one who
dislikes my Sunnat is not mine." The Prophet Mohammad also rejected anyone who did not
like it from his followers. According to accepted perspectives, one commits sin by choosing
not to get married, and conducts a good deed for which they will be rewarded in the afterlife,
since marriage protects both the groom and the bride from adultery and the generation of
offspring in the modern world62.
Hedaya asserts that "marriage (Nikah) implies a specific contract used for the purpose
of legalising children (generations)."63 Muslims perform a ritual called nikah in which a man
marries a woman with the goal of having a happy marriage and having children. Even though
a Muslim marriage must be accomplished through a ceremony in which the Qazi recite
passages from the Quran, failure to carry out the ceremony does not render the marriage
invalid64.
Marriage, while fundamentally a contract, is also a devotional act, with the rights of
enjoyment and propagation of offspring as well as the management of social life in the
interest of society as its purposes, according to Dr. Jang.65.
Muslim legal scholars generally agree that marriage is Sunnat Muwakkida, which means
that "the person, who complies with it is rewarded in the next world, and he who does not
commits a sin"66.
60. Abdul Qadir V. Salima (1886) 8, All 149; cf: Aquil Ahmad – Mohammedan Law, 21st edn. 2004, p.110.
61. Ibid.
62. Dr Mohammad Nazmi – Mohammadan Law, 2nd edn. 2008, P.32, Central Law Publications, Allahabad.
63. Dr R.K. Sinha Muslim Law, 5th edn. 2003, P.40; Central Law Agency, Allahabad.
64. In Habib-ur-Rahman V. Altaf Ali, AIR 1922 PC 159; Sir Ameer Ali said “Marriage maya be constituted
without any ceremonial”; cited in Dr Mohammad Nazmi – Mohammadan Law, 2nd edn. 2008, P.32, Central
Law Publications, Allahabad.
65. Dr M.U.S. Jang –„Dissertation on the Development of Muslim Law in British India, PP.1,2; cited in Aquil
Ahmad – Mohammedan Law, 21st edn. 2004, P.108 Central Law Agency, Allahabad.
66. Aquil Ahmad – Mohammedan Law, 23rd edn. 2010, P.108 Central Law Agency, Allahabad
22
According to Fitzgerald, "Marriage is emphatically not a sacrament, there are no
sacraments in Islam, nor is it a coverture," despite being a religious obligation. 67. The pre-
Islamic Arabian women of the ancient Arab world lived under social conditions that were no
better than those of animals. They possessed no legal rights. They were the father's
possessions when they were children. When they got married, the husband took over as their
lord and master. There was widespread polygamy. Concubines and female slavery were also
widespread. The banned degrees of kinship were extremely limited and only applied to close
relationships that existed at the time the Islamic rules were adopted. Four different sorts of
Arabian marriages are described by Abdur Rahim, referencing the "Kashfu-i-Ghumm"68.
i)The standard form of marriage: This type of union is comparable to the one that Islam
approves. In his capacity as the girl's father or guardian, a man would ask for her hand in
marriage before granting her dower.
ii) When a man was ready to have a noble child, it was customary for him to request that his
wife send for a famous and noble guy so they may engage in sexual activity. When that
honourable man became pregnant, the husband would not see his wife again. Only until the
pregnancy had been positively identified would he go back to her.
iii) Less than ten guys would be called by a woman to have sex with her. Invitation to have
sex by a woman. If conception had occurred and a kid had been born, she had the right to call
on all the men, and they were obligated to do so. After that, she would say, "O so and so, this
is your son." The man had no right to contest paternity because this clearly established it.
iv) Prostitution: Prostitutes were also widely available. As a symbol of their calling, they used
to fix a flag to the doorway of their tents. There were a tonne of men that frequented those
prostitutes. If a woman of this class became pregnant, the men who used to frequently visit
her would gather, and the physiognomists would determine who the kid belonged to. As a
result, sexual relationships were loose and promiscuity was the norm, leading to numerous
divorces69.
In the context of today, several of the relationships mentioned above could be
referred to as marriages. Today, it is more reasonable to think of them as kinds of sanctioned
prostitution or of tribal sexual practises that are accepted by custom. According to Abdul
Rahim, the second type of marriage is comparable to the traditional Hindu ritual known as
"Niyoga" 70.
67. Aquil Ahmad – Mohammedan Law, 21st edn. 2004, P.108 Central Law Agency, Allahabad.
68. Abdur Rahim – Mohammedan Jurisprudence, quoting “Kashfu-i-Ghumm”, 1911 edn. P.7; cited in Dr Nishi
Purohit – The principles of Mohammedan Law, 2nd edn. 1998, P.5, Orient Publishing Co., Allahabad
69. Dr Nishi Purohit – The Principles of Mohammedan Law, 2nd edn. 1998, p.5, Orient Publishing Co.,
Allahabad.
70. Niyoga means the begetting of a son on hire by another on the wife of a man who was either dead or
impotent or disordered in mind or incurably diseased. The begetting must be by the brother of the dead or
impotent person. The son so begotten belonged to the husband of the woman. The custom is obsolete. (K.J.
Ayar‟s Judicial Dictionary, 13th edn. 2001, Butterworths India, New Delhi
23
The women were accorded the proper social position and were recognised as respectable
members of society after the advent of Islam. The Prophet was committed to improving the
position of women. He urged people to meet their future wives before they got engaged and
advocated that a woman's noble character is the finest justification for getting hitched. The
Prophet created Islam and the concept of Nikha, which allowed women to stand on an equal
footing with men.
Abdul Rahim claims that "the Mohammedan law has obtained the institution of marriage,
sanctioning sexual relations between two people of different sexes with a view to the
conservation of the human species, the encouragement of chastity and the promotion of love
and union between the husband and wife as well as mutual help in earning livelihood" 71. The
goals are to support traditional family values and make having kids legal72.
Every Muslim is required by their religion to be married, and it is regarded as both a
social need and a moral precaution. A child can only be legally recognised through marriage.
When a marriage is conducted in line with the established conventions, it bestows both
spouses with a number of rights and duties. Through marriage, families are formed, and
families are a crucial part of our society73.
2.3. THE IDEA OF CHRISTIAN MARRIAGE
The term "Christians" refers to people who profess to follow Christianity. The term
"Indian Christians" refers to both such converts and the Christian offspring of native Indians
who converted to Christianity. Marriage and divorce were considered to be private matters in
pre-Christian Roman law74.
As with joining marriages, the Romans were able to end them as well. There was no
need for either of the formalities. Marriage underwent a new form with the rise of
Christianity. Marriage as a legal contract is viewed as a sacrament, and the unity of married
people is viewed as unbreakable. For the purpose of establishing marriage ties, several
Roman Catholic nations adhere to the Cannon law. The Cannon law states that because
marriage is a holy union and a sacrament, it is through God's act that a man and woman
become one flesh via marriage. Saint Paul is credited with saying that marriage is a
sacramental and irrevocable union75.
Christians believe that God, who created both people and marriage, has laid out his
design for marriage as a long-lasting bond. Surely this is the best design ever76.
71. Abdur Rahim – Mohammedan Jurisprudence, 1911 edn. P.327; cited in DR. Nishi Purohit – The principles
of Mohammedan Law, 2nd edn. 1998, P. 105, Orient Publishing Company, Allahabad.
72. A.A.A. Fyzee – Outlines of Muhammedan Law, 1999 edn. P.90. Oxford University Press, New Delhi.
73. Internet [Link] article An Overview of Concept of Marriage in Muslim Law, dt.10.1.2010.
74. [Link]. Com, Christian concept of marriage and what are special features of the act by
Ankita Sharma, downloaded dt.22.1.2012.
75. The law relating to marriages of Christians in India by Kande Prasada Rao, 1991, published by Asia Law
House, Hyderabad.
76. Article of How should a Christian view Marriage and Divorce, written by Amy Desai, J.D., copy right©
2006-2007, downloaded from the website of [Link]/marriage/divorce, dt.22.1.2013.
24
Scripture states that "a man leaves his father and mother and is joined to his wife, and the two
become one." This is a complex enigma, yet it serves as an example of how Christ and the
church are united.77
The first institution that God made was marriage. God created Adam, the first man, but
said that Adam should not be left alone. Once all the animals Adam had named had been
brought to him, "no companion suitable for him" (Genesis 2:20, NLT) was discovered.
Adam was being made aware of his imperfect nature by God. Eve was the first lady that
God made for Adam. He gave them the earth to rule over and blessed their union. (Genesis
1:17, 1:28). Marriage was created. It was a component of God's ideal plan for humanity. God
emphasised three ideas through the Prophets78.
1. Marriage is a holy union.
2. God is against divorce.
3. Marriage is meant to give birth to moral offspring. Malchi 2:16–23
Jesus emphasised the value and sanctity of a committed marriage in his own teachings
(Matthew 19:6).
In addition, according to the apostle Paul (Ephesians 5:21–33), marriage should be a
constant example of the selfless love that Christ displayed for his church.79
No parents existed for Adam and Eve. Adam was made from the dust of the earth, and
Eve was made from the flesh and bones of Adam. Through Eve's creation, they came into
being as one flesh. Additionally, their sexual union and childbearing were to serve as proof of
this relationship.
However, the man and his wife were the only two people involved in the first marriage
on Earth. Moses tells us that the parent-child relationship (which will come after) is
subordinate to the relationship between the husband and wife. Every succeeding union was
required to incorporate elements of the first and, in a sense, final union, that of Christ and his
Church80.
The majority of Christians view marriage as a holy institution and a gift from God.
Today, many people in our society are working to redefine marriage to suit their own social
or political goals, so it is crucial that Christians continue to hold this view.81
From Genesis to Revelation, love and relationships are a major motif in the Bible. In
the words of St. Augustine, "our hearts are restless until we find our rest in Thee."
77. Ibid, P.3.
78. Ibid
79. Article of How should a Christian view Marriage and Divorce, written by Amy Desai, J.D., copy right©
2006-2007, downloaded from the website of [Link]/marriage/divorce, dt.22.1.2013.
80. Article, The meaning of Christian Marriage, published on [Link]-worlds largest Bible Study Site,
downloaded from the website of [Link]/print/book/export/htm/2432, dt.22.1.2013.
81. Article, A Biblical Perspective on Marriage, written by Don and Sally Meredith, downloaded from the
website of [Link]/print/1208405, dt.22.1.2013
25
God created us to have a connection with him. The entire Bible speaks of our relationship
with God, including how to have it, maintain it, rest in it, share it, and enjoy it.82.
Genesis 2:24 provides a definition of a Christian marriage. "A man leaves his father and
mother and cleaves to his wife, and they become one flesh," the verse adds. "Christian
Marriage is exclusive ("a man...his wife... "), publicly acknowledged (leaves his parents),
lasting (cleaves to his wife), and consummated by sexual activity (becomes one flesh) 83 .
With the passage of Statute 14 and 15 Victoria Chapter 40,
In India, the legislation controlling the solemnization of Christian weddings came into
force. Act VII of 1852 and Act XXV of 1864 added to it, with the latter being abolished by
the Indian Marriage Act of 1865. The Indian Christian Marriage Act, 1872 was finally passed
by the British in 1872 for "the whole of British India," removing the laws that had previously
been in place.
According to Lord Stowell, "marriage is a present and perfect consent which alone make
the matrimony without either public solemnization or carnal copulation for neither is the one,
nor the other, the essence of matrimony, but consent only" 84 institution, in most cases a God
given vocation, a legal contract, and in many instances a sacrament.
A Christian marriage is defined as "the lifelong union of a man and a woman to the
exclusion of all others which is preceded by some form of ceremony recognised by the law of
a particular country in which it takes place" in brief.
Roman law and Jewish law served as the foundation for the Canon Law (General Law)
of marriage. But when Christianity spread, marriage started to be revered as a sacrament.
Christians hold that as God created everything, He also created the law of marriage85.
Adam and the Lord Jesus had a single wife each, created by God. The monogamous
premise of Gen. 2:24 that "the two persons joined together to be one" is reiterated in Matthew
19.4-6. While it is true that marriage is not eternal in the sense that it is simply temporary and
earthly, marriage is eternal so long as life exists or "till death us do part"86.
----------------------------------------------------------------------------------------------------------
82. Article, A Biblical Perspective on Marriage, written by Don and Sally Meredith, downloaded from the
website of [Link]/print/1208405, dt.22.1.2013.
83. The Christian Concept of marriage Article written by Mr Peter S.C. Pothan, Sept, 2009, down loaded from
[Link].
84. The Christian Concept of marriage Article written by Mr Peter S.C. Pothan, Sept, 2009, down loaded from
[Link].
85. [Link]. Com, Christian concept of marriage and what are special features of the act by
Ankita Sharma, downloaded dt.22.1.2012.
86. [Link]. Com, Christian concept of marriage and what are special features of the act by
Ankita Sharma, downloaded dt.22.1.201287 . The Christian Concept of marriage Article written by Mr Peter
S.C. Pothan, P-2, Sept, 2009, down loaded from [Link].
26
To become "one flesh" is the purpose of Christian marriage. "One Flesh" speaks of
unity, equality, and oneness in every way—mentally, physically, spiritually, and
psychologically. This encompasses both the cleaving to one another and the leaving of one
another.
In accordance with 1 Corinthians 11:3, the husband is the "spiritual head" of the home
and is responsible for assisting and directing his wife in issues of the spirit. To show his
devotion to her, he must spend as much time as possible with her.87
According to teachings of the Roman Catholic Church, marriage is the fundamental
reason why a man and a woman are created. It serves as both the foundation for reproduction
and a symbol of the unity between the Catholic Church and Christ. Additionally, it gives the
married couple support from one another and gives them permission to engage in sexual
activity88.
Marriage is viewed as a sacrament in the teachings of the Eastern Orthodox Church.
It's seen as an ordination as well. This idea of ordination is compared to a martyrdom where
each spouse figuratively dies for the benefit of the other, confirming and sanctifying the
union89.
Marriage is referred to as a holy covenant before God in Malachi 2:14. According to
Jewish tradition, the covenant was sealed when the couple signed a written document.
Therefore, the marriage ceremony is intended to be a visible representation of a couple's
dedication to a covenant relationship. In a marriage, the couple's covenant commitment
before God and other people is more significant than the "ceremony" 90.
There are three widely accepted ideas regarding what a marriage is in the sight of God:
1. When sexual activity completes the couple's physical union, they are considered married in
God's eyes.
2. Once a couple gets married in a civil ceremony, God considers them to be wed.
3. After taking part in a formal religious wedding ceremony, the couple is considered married
in God's eyes91.
For Christians, marriage represents a divine representation of the bond between Christ
and his bride, the Church, and extends beyond the earthly covenant. It serves as a metaphor
for our relationship with God92.
-------------------------------------------------
87. The Christian Concept of marriage Article written by Mr Peter S.C. Pothan, P-2, Sept, 2009, down loaded
from [Link].
88. Christianity and Marriage article written by T.S. Deacon Economos, downloaded from
[Link]/[Link], dt.22.1.2013.
89. Christianity and Marriage article written by T.S. Deacon Economos, downloaded from
[Link]/[Link], dt.22.1.2013.
90. Article of Definition of Marriage – what is the Biblical Definition of Marriage, written by Mary Fairchild,
downloaded from [Link]..dt.22..1.2013.
91. Article of Definition of Marriage – what is the Biblical Definition of Marriage, written by Mary Fairchild,
downloaded from [Link]..dt.22..1.2013.
92. Ibid
27
Marriage is highly regarded in the Bible. It should be a long-term strategy rather than a
legal convenience that can be dispensed of in a lawyer's office. Deeper love that exists
between people and God. Respect the union of marriage and be devoted to one another during
it. People who are immoral and who commit adultery will undoubtedly face judgement from
God.93
Christians believe that marriage is a gift from God and that it is not something that should be
taken for granted. It is the ideal environment to have sexual encounters and start a family. It's
crucial to get married in a church, in front of God94.
(Ephesians 5:21–32) The significance of Christian marriage The definitions of marriage
in Ephesians 21–32 are as follows:
21. submitting to one another in the dread of Christ.
22. In terms of wives, submit to your own husbands as you would the Lord.
23. Because Christ, who is the head of the Church and the Saviour of the body, is also the
head of the wife, the husband is the woman's primary carer.
24. But just as the church is subject to Christ, so too should the women be to their husbands
in everything.
25. Husbands, treat your wives with respect, as Christ treated the church, giving up his life
for her.
26. Having cleansed her through the washing of water with the word, he could then sanctify
her.
27. so that he could present the church to himself in all of her glory, without any flaws or
blemishes of any kind; rather, that she would be pure and without sin.
28. Husbands should treat their own wives as though they were their own bodies. Since no
one has ever despised their own flesh, but rather nurtures and cherishes it, just as Christ
likewise does the church, no one has ever said that he who loves his own wife also loves
himself.
30, as we are components of his body.
31. Because of this, a man must renounce his parents and cling to his wife; the two will then
become one flesh.
32. This secret is wonderful, yet it refers to Christ and the church 95.
-----------------------------------------
93. Article of „The book of God‟s promises, The Biblical View of Marriage‟ written by J. Stephen Lang, p.1,
downloaded from [Link]/spirituallife/cbnteachingsheet/promises, dt.22.1.2013.
94. Article of BBC- P.1, downloaded from [Link]/religion/christianity/riesrituals/weddings,
dt.22.1.2013.
95. It is downloaded from the website of [Link]/print/book/export/html/2432.
28
[Link] OF MARRIAGE:
[Link]
The Christian marriages serve three functions. The first is to reflect God's likeness.
After then, God said, "Let us create man in our likeness. Therefore, God made both males
and females in his image, making man in the likeness of God. in Genesis 1:26-2796 .
While both men and women were made in the image of God, married couples have a
special ability to reflect that image as husband and wife. We perceive that we have the chance
to be a testimony to a lost world when we acknowledge that our mission is to mirror God's
image.
2. Reproduce
God's second intention for marriage is for couples to have children. After blessing
them, God commanded that they multiply and fill the earth with people in order to rule it.
[Genesis 1:28a] Men and women can have children by becoming married. God gave us
children as a gift, and that gift comes with a heavy burden: we are to nurture our children in
his "likeness"97.
3. Reign:
God praised them and told them to "be fruitful and increase in number, fill the earth
and subdue it" (Genesis 1:28a), which is the third reason for marriage.
In accordance with this scripture, married spouses are to "subdue" the earth. Good
physical stewardship of the resources God has provided is necessary for this to be
accomplished. Effort in the spiritual world is also necessary. In order to fulfil God's purposes
on earth, married couples are to work as "soldiers" together.98
If you have love for one another, all men will be able to tell that you are Jesus'
disciples via marriage (John 13:35). A lost world might observe Christianity in action by
looking at marriage as a vital institution. The most intimate human relationship is marriage,
when husbands and wives learn to emulate Christ's love. The ability to reflect him as a couple
through marriage is exceptional. God's plans for humanity can be carried out on the basis of
marriage99
96. Article, A Biblical perspective on Marriage, written by Don and Sally Meredith, downloaded from
[Link]
dt.22.1.2013.
97. Article, A Biblical perspective on Marriage, written by Don and Sally Meredith, P.2, downloaded from
[Link]
dt.22.1.2013.
98. Article, A Biblical perspective on Marriage, written by Don and Sally Meredith, P.2, downloaded from
[Link] -[Link],
dt.22.1.2013.
99. Article, A Biblical perspective on Marriage, written by Don and Sally Meredith, P.2, downloaded from
[Link] – dt.22.1.2013.
29
[Link] HISTORY OF CHRISTIAN MARRIAGE:
Since 1552, the phrase "to have and hold from this day forward, for better for worse,
for richer for poorer, in sickness and in health, to love and to cherish, till death us do part"
has been uttered at UK Church weddings.100
Marriages were much more casual prior to the wedding service being incorporated into
the Book of Common Prayer; couples could simply promise to be together at any time or
location, and a verbal agreement acted as well as a written one 101.
Every Christian is required to marry, and it is regarded as both a social need and a
moral precaution. The legalisation of a kid requires marriage. A woman and husband who are
joined in marriage produce a "one flesh" union, which is something new. This marital
oneness represents the unity of God, and since the unity of God produces new life via
marriage, marital oneness has the ability to produce new life through the conception of
children (new men and women)102.
Marriage is a key factor in the establishment of families, which are vital to our
103
society .
There are many different religions practised in India, and the country has established
numerous Acts to ensure that marriages adhere to the standards and processes necessary to be
considered genuine. There is greater protection for everyone, regardless of gender, in
recognised marriages. If there were ever a disagreement between a couple who had been
legally married, the issue could be resolved through the legal system, and the laws in place
would also protect the welfare of any minor children. Since society is changing quickly, some
people want to live together without being married in order to live together under one roof. It
is important to talk about live-in relationships in Indian society and how they affect it.
2.4. LIVE-IN-RELATIONSHIPS
The legal union of a man and woman as husband and wife is known as marriage, and
it is sanctioned by custom or religious tradition. However, there are now a lot of couples
living together prior to marriage. In order to calculate the likelihood of having a good
marriage in the future, a couple who lives together believes that doing so will enable them to
learn more about each other's true personalities in all facets, including behaviour, mental
capability, financial stability, etc.104
100. Article BBC – Religions – Christianity Marriage and Weddings, page 1, downloaded from the website of
[Link]/religion/christinity/ritesrituals/weddings_1.shtml, dt.22.1.2013.
101. Article BBC – Religions – Christianity Marriage and Weddings, page 1, downloaded from the website of
[Link]/religion/christinity/ritesrituals/weddings_1.shtml, dt.22.1.2013.
102. Article “One flesh, The Christian definition of marriage, written by Kristin J. Tremba, dt.7.7.2009,
downloaded from the website of [Link], dt.22.1.2013.
103. Internet [Link] article An Overview of Concept of Marriage in Muslim Law, dt.10.1.2010
104. Downloaded from the website of [Link]
30
Arranged weddings gave way to love marriages and then to "live-in relationships" as
our society underwent a transformation. In our country, the average class of people does not
support the trend of cohabitating before marriage. The high income group and the lower
income group, however, are both in a position to accommodate this new trend of live-in
partnerships. Without much hesitation, a girl from a low socioeconomic background who
needs a place to live may decide to cohabitate with a man who has a somewhat better
financial situation rather than getting married to him. The welfare and happiness of their
children are motivating some parents today to embrace this trend.105
The alternative of living together may seem appealing, but it may not be as glamorous in
reality. Despite the fact that they may be practically possible, their lack of a lifelong partner
on some days makes them a failure in life.
The majority of live-in couples are still clearly employed in industries like entertainment,
advertising, modelling, and the media. Live-in relationships have weak commitments,
according to a study by The Journal of Marriage and the Family. Soma Das, a social
geographer, asserted that those who choose live-in relationships do so because they
disbelieve in marriage.106
2.5. PROVISIONS OUTSIDE INDIA:
The France country introduced "civil solidarity pacts" in 1999, allowing couples (even
of the same sex) to enter a union and be entitled to the same rights as married couples. It
provides that when a man and a woman who are capable of marrying each other, live
exclusively together as husband and wife without the benefit of marriage or under a void
marriage, their wages and salaries shall be owned by them in equal shares and the pro rata
portion of their property shall belong to the other.107
The idea of live-in relationships and their legality are not yet covered by any laws in
India. Even though there isn't specific legislation on the subject, it is commendable that under
the Protection of Women from Domestic Violence Act of 2005, women who live in such a
situation are eligible for all benefits because they fall under the definition of "domestic
relationship" as defined in Section 2 (f) 108. There is a perceived need for a legislative measure
to protect the future of a kid born out of a live-in relationship because marriage has not yet
taken place.109
---------------------------------------------------------------------------
105. Article of Live-in-relationships: The Indian Perspective by Bhumika Sharma, Shimla, down loaded from
the website of [Link]
106..Article of Sociological Reasons not to live together, down loaded from
[Link] . .
107. Article Live in relationship in India, dt.6.9.2012, page-2
108. Definition of Section 2 (f) of Domestic violence Act, 2005 is “domestic relationship” means a relationship
between two persons who live or have, at any point of time, lived together in a shared household.
109. Article of Live in relationship in India, dt.6.9.2012
31
A woman in Maharashtra State should have the legal rights of a wife if she has been in
a "live-in" relationship for a reasonable amount of time, according to recommendations made
by the Justice Malimath Committee and the Law Commission of India. The Maharashtra
Government accepted these recommendations.110
According to the Allahabad High Court's ruling in the suit filed by Payal Katara and
the Superintendent of Nari Niketan, any man or woman could live together even if they did
not get married if they so desired. The Supreme Court took a similar action in a case
involving two people who had been cohabitating for 30 years without being married.111
In response to a question on live-in partnerships, the Union Law Minister stated that if
such relationships are accepted by society, then the government may enact laws. Since the
prevalence of these partnerships is now less than 1%, if a law is passed to protect them, it will
be abused.112
For saying there was nothing wrong with "sex before marriage" in an interview in
2005, the South Indian actress Khusboo was hit with 22 criminal proceedings. She requested
that the criminal cases against her be dropped across the entire state of Tamil Nadu by going
to the Madras High Court, but her appeal was denied. Premarital sex and live-in relationships
are not illegal, according to the Apex Court, which ruled on an appeal. In accordance with
Article 21 of the Indian Constitution, which recognised the right to life and liberty as
fundamental rights, living together constitutes a right to life, the Apex Court declared. All
petitions brought against Khusboo were subsequently dismissed.113
The right to life and liberty is recognised as a fundamental right in Article 21 of the
Indian Constitution. The government and police have been ordered by the Supreme Court of
India to safeguard fugitive couples from harassment and to take action against anyone who
resorts to violence since they have a right to a basic existence that they can live anyway they
choose. There is no law in India that forbids interracial unions.
110. Article of Live in relationship in India, dt.6.9.2012, page-3
111. Article of Live in relationship in India, dt.6.9.2012, page-3.
112. Article of Live-in-relationships: The Indian Perspective by Bhumika Sharma, Shimla, down loaded from
the website of [Link]
113. The Indian Express, Journalism of Courage, Living together a part of right to life, not an offence: Supreme
Court, down loaded from the website of [Link]
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The live-in partnerships were recognised as lawful by the Maharastra government,
allowing the ladies to exercise their legal rights as wives. The live-in relationship is only a
phenomena in metropolises and among couples with advanced degrees in India. As a result,
less than 1% of Indian couples are cohabitating. There is no obvious effect of such
relationships on Indian society as the disgruntled parties in live-in relationships are only
recently turning to the courts. The adolescents who are in love but lack the social acceptance
to preserve their lives and freedom are likely to benefit from the legal sanction of live-in
relationships.
According to the aforementioned findings, couples who cohabitated before being
married have much lower marital happiness than couples who do not, and these marriages are
much weaker in society. The majority of couples who give birth to live-in relationships
choose to separate or get divorced from their partners, leaving the children to grow up under
the care and custody of one spouse. As a result, the majority of these children are involved in
crimes, which has an impact on society.
Because of this, live-in relationships of any kind are not advised in Indian culture
because they could ultimately have a negative impact on all facets of society. Every citizen
has a responsibility to uphold the traditions and practises of our society, and everyone has a
right to find their true love through a lawful marriage, enjoy a happy marriage, and build a
better world for future generations. The wellbeing of women and children would benefit from
the numerous laws that are already in place regarding legitimate weddings.
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