SOCIO- LEGAL DIMENSION OF LIVE-IN RELATIONSHIP:
A CHALLENGE TO INDIAN JUDICIARY Mitali Jain 3rd Year, B.L.S., LL.B., Government Law College, Mumbai
INTRODUCTION
India is broadly known as a nation with strong moral values and conventional integrity. In India, as per Hindu society, convention, traditions and practices, marriage is fundamentally the premise of social foundation from which important legal rights and obligations emerge. In ancient times, marriage was considered to be decided by the God and eternality was associated with it. It is considered to be a sacred social institution[ Prof. Vijender Kumar, Live-In Relationship: Impact on Marriage and Family Institutions, (2012) 4 SCC J-19]. Marriage according to the Hindu Law is a holy union for the execution of religious obligations.It is not an agreement but rather it is a sanskar or holy observance. There are certain rites and customs which must take place to complete a Hindu Marriage. The four main ceremonies associated with marriage are: offerings to the sacred flame, making of the seven strides around the flame by the bride and bridegroom together and tying of mangalsutra. Hindu marriage secures a woman by guaranteeing her legal rights for restitution of
…show more content…
This form of relationship does not thrust the ordinary obligations of a married life on the people living together respectively. The establishment of live in relationship is individual freedom.No wonder, living together before marriage is a sharp dampener for the staunch ethic upholders. However, the new millennium has introduced incredible changes even inside of the nation that has everlastingly been concealed in a cover of rich society and
Today marriage is defined by the Merriam-Webster dictionary as the relationship between a husband and a wife or a similar relationship between people of the same sex. For the purposes of this paper, it will focus on marriage between a man and a woman and how marriage is differently defined between the American and Chinese cultures. This paper will discuss the cultural differences found between the American and Chinese culture with emphasis on age and mate-selection. The cultural differences between American and Chinese culture related to marriage practices shows that Americans value individualism and Chinese historically value collectivism.
Despite people celebrating marriage in different ways it all comes back to one thing; marriage is a social ritual that by which two people affirms one abiding contracts between. The ceremonies are composed of rituals which symbolize facets of married life and the obligations being undertaken. In Hinduism the marriage celebration can start weeks before the actual ceremony depending on the preferences of the family. Once the day of the ceremony comes around the day starts with the brides’ family welcoming the groom into their home and both families are formally introduced. Both the bride and groom sit at the Mandap- tent where the ceremony is held under,-and are offered a drink. Gifts between the two families are generally exchanged at this point. The groom's mother gives an auspicious necklace to the bride, which is essentially an emblem of the married status in the Hindu religion. Then scared fire is lit and a pundit recites t...
In the article “Grounds for Marriage: How Relationships Succeed or Fail” by Arlene Skolnick talks a lot about how the attitudes towards marriages now a days is much different then what peoples attitudes have been in the past. The article talks about how there are two parts of every marriage “the husband’s and the wife’s”. This article touches on the affects cohabitation, and how cohabitation is more likely to happen among younger adults. This article talks about how the younger adults are more inclined to cohabitate before marriage, and that currently the majority of couples that are interring in to marriage have previously lived together. The article stats that some of the Possible reasons for couples to live together before marriage might include shifting norms
“Arranging a Marriage in India” by Serena Nanda is a well written, informative article aimed at sharing the view of the Indian culture on arranged marriages and also showing how much effort is put into the process of arranging a marriage. Our own culture has evolved into accepting the fact that we are all independent individuals who could not imagine having someone else make such a significant decision for us. Serena Nanda does an excellent job of using her sources within the society as evidence of the acceptance of the arranged marriage aspect of their culture.
The first difference between American culture and Indian culture is marriage. A wedding is a great social event in our society, which establish a new bond between two individuals and families. Marriage is a joyful occasion with plenty of music, dance, partying and merrymaking. It also brings together a long-lost friends, relatives and acquaintances. In India, the parents choose the mate for their child, which is called an arranged marriage. In most cases, the bri...
In the article Arranging a Marriage in India, Serena Nanda, a professor of Anthropology at John Jay College of Criminal Justice, writes about what she learned about arranged marriages in India from interviewing informants and participating in arranging a marriage herself. Nanda brought in some American biases about how marriage and love are “supposed” to work. She initially had trouble accepting why someone would want or let another arrange their marriage instead of seeking a partner themselves. Nanda’s difficulty understanding arranged marriages, is a result of having grown up in a culture that leaves such decisions to the individual. Furthermore, if the quotes given in the article are an indication, Nanda let her biases influence her conduct
The vast majority of the population is Hindu religion and its organization and its operation is based on the centuries-old tradition and intangible principles. Among these traditions and rules, marriage is central because it is the cornerstone of the harmonious development of the Hindu society. Marriage is primarily a union between two same-class families to sustain the economic continuity and maintain the Hindu Society 's balance.
Marriage and family life has been changing over the past few decades. Not only has the idea of family and marriage changed, but the way marriage and family are perceived has changed. With the transition from modern times to postmodern times, the typical life has developed in to more of an isolated society, than ever before. The concept of unity and close ties has become almost nonexistent, with the development and progression of technology. Communication has become less personal and less intimate, eliminating the idea of creativity. With the elimination of creativity, because of the development of less personal communication, the chances of meeting someone has become less personal and mo...
Getting married is the most important event in our life. From time to time, they always say, “Single life is a sweet dream and marriage is an alarm clock.” This proverb could make young people afraid when deciding whether or not they marry. However, there are differences that indicate pros and cons of both single life and married life. In general, single life can bring us freedom to experience life all by ourselves; at the same time, it also brings loneliness and detachment. In contrast, married life can fulfill us with love, care, and a sense of belonging; however, it also requires us a great deal of shared responsibilities. Understanding the differences between single life and married life especially on finance, emotion, and responsibility
The debate on whether to get married or stay single has been raging for a long while, with both sides of the coin having their own pros and cons regarding the matter. Many proponents of either marriage or single life have strong individual convictions, and it is difficult to reach a definitive, objective conclusion. Is the married individual happier than his/her single counterpart, or is getting married just a comfort seeking ritual that people believe they have to fulfill at some point in their lives? It is necessary to dissect this issue in the light of four factors: health and other medical factors, the economic and financial factors, mental and emotional wellbeing and lastly, the social factors. According to Webster’s dictionary, the definition of Married is “the state of being united to a person of the opposite sex as husband or wife in a consensual and contractual relationship recognized by law”.
marriage is one of the most important institutions of the society. Each person in the
The legal relationship, which comes out from a contract by which, ‘one man and one woman’ who have the ability to enter into such a union, promised to live together, take care of each other in the relation of ‘husband and wife in law for life until the legal termination of that relationship’ is defined as marriage. Marriage also may be defined as a legal union between ‘one man and one woman’ as husband and wife entering into contract changes the status of both parties in giving new rights and obligation. Traditionally, marriage has been viewed as creation of a family and vital to protection of morals and civilization. That is, the traditional principle founded from the marriage is that, the husband has the obligation to support his wife, provide a safe house, pay the necessities such as food, clothing, and to live together with the wife. The wife’s obligation entailed maintaining a home, having sexual relations with her husband and rearing the couple’s children.
Each marriage comes with a different perspective and story, whether it is an arranged marriage or love marriage. Arranged and Love marriages are very similar yet different. Love is the pure feeling of attachment. Arrange marriage is like a blind date in hopes to find love. It could be love at first sight or love after a while so in somewhat way they end up being a love marriage after all because the end result is the same as they get married or find love. In this essay there will be comparison done on love marriage and arrange marriage. Each country has a different perspective on each type of marriage. I will be comparing both marriages in America and India. Love Marriages come with a responsibility of their
Almost every culture around the world have the idea of bringing together households in marriage. In the United States, this a coupling of two people who will start a life on their own. In India, a marriage is more than two people falling and love and getting married. Family, religion and casts play a role for the future bride and groom. The Indian culture’s weddings have different traditions when it comes to proposals, ring traditions and ceremonies not only for the couple but for the families as well.
Marriage is called matrimony or “wed lock” ,is a socially or ritually recognized union or legal contract between spouses that establishes right and obligations between their children and between them. Why do people get married? They get married because they love each other, they get married because they see it looks happy with someone, they get married because they parents want him/her to get married, they get married because the properties the might get from their parents, they get married because they having a children gives more joy to their lives, they get married because the girl accidentally got pregnant, they get married because they just want, they get married because it is in tradition that man and woman should get married to get their