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It is relationships which are 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: Marriage is the approved social pattern whereby two or more persons establish a family The more or less durable connection between male and female, lasting beyond the mere act of propagation till after the birth of offspring.
1. Changes in the Aims of Marriage: The concept of Indian marriage has seen unimaginable changes, over the last few years. Marriage was pure and sacrosanct practice. Earlier, the ceremony was a brief affair, confined to an economical budget, even though the guest list was long. These progressions are principal because of monetary success and the innovation that has presented individuals to social patterns predominant over the world. Marriage has ended up being the most altered establishment of our conservative Indian society.
2. Change in the process of Mate Selection: The main objective of Hindu marriage was Dharma Although Kama or sex was one of the aims of Hindu marriage, it was the least desirable aim. In recent years, the order of aims of marriage has undergone change Sex has become primary and Dharma has become the least important aim to marriage.
3. Changes in the Rules of Endogamy and Exogamy: As far as the selection of the bride and bridegroom was concerned it was the prerogative of the parents or the guardians. In the post-independent India, the tendency of selecting one’s own partner has remarkably increased. Now the younger generation is not very much in favor of parental choice in the matter of selection of marriage partners.
4. The Age at Marriage: There have been some visible changes in the matter of rules of endogamy and exogamy. The rules of Varna, caste and sub-caste endogamy, Gotra and Pravara exogamy have been banned by legislation. Now we do not find a restriction in cross-cousin marriages.
5. Changes in the Rites of Marriage: In course of time child marriage became the prevalent mode of marriage in India. Hence, child marriage was the practice to safeguard chastity and purity of females. The Indian Parliament selected the age of marriage. For girls, the minimum age is 18 years and for boys 21 years.
6. Change in the Stability of Marriage: Traditionally, Hindu marriage is a religious sacrament and the Hindu marriage can take place only through the performance of certain rights and rituals. On the one hand, we find that due to a shortage of time the rites and rituals connected with Hindu marriage have been cut down.
On the other hand, some marriages are performed in civil courts. Marriage and Morality: Traditionally, divorce was not easily granted and permitted in Hindu society. The hindrance to divorce made the institution of family and marriage stable and enduring. Due to the enactment of marriage and family legislation and many other factors, the divorce rate in India has been steadily increasing. One of the most important values connected with Hindu marriage for boys and girls was chastity. Pre-marital and extra-marital relations were not allowed.Love was the consequence of marriage between boys and girls, and marriage was not the consequence of love. However, remarkable changes are taking place in sexual mores and values.
1. Hindu Marriage Act, 1955 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 recognized under the Universal Declaration of Human Rights 1948. Art. 16 of the same states: 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 Sastrik 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.
2. Muslim Marriage ACT Further, the parties can also go for the decree of divorce amicably under mutual consent by Section 13(b) of Hindu Marriage Act, 1955. Under Hindu Marriage Act, 1955 either of the spouses can appeal in the court for the decree of divorce under Section 13 on the grounds namely- Adultery, Cruelty, Desertion, conversion, Mental disorder, Leprosy, Not heard alive, Mo resumption and Co-habitation etc. Also recently the triple talaq or talaq-e-biddat has been held unconstitutional by the Hon'ble Supreme Court of India. 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 sahiNikah.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 life when the girls run away with boys and marry them on their own choice are not recognized.
3. Dowry Prohibition Act, 1961 Grounds for Divorce under Muslim Marriage act, 1939The 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 Khulaandkhol or mubarat, Talaq. Talaq in which first is talaq-e-ahsan second is talaq-e-hasan third is talaq-ul-bidat and also ShariaAct which was introduced in 1937. The payment of dowry has long been prohibited under specific Indian laws including the Dowry Prohibition Act, 1961 and subsequently by Sections 304B and 498A of the Indian Penal Code.
To conclude Hindu marriage has undergone several changes. These changes have taken place in the institution of Hindu Marriage because of many factors, new norms and values In spite of all these changes, Hindu marriage is not considered as a social contract and it continues to be a sacrament for Hindus. Mutual fidelity and devotion to partner are still considered to be an essence of marriage.
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