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Marriage is one of themost important institution of Indian society. The preamble of marriage actstates that the law of marriage has been created by amending and codifying the act.
In ancient Indiamarriages were performed between spouses. Marriages called as wedlock whichestablishes rights and obligation between spouses. Marriage is an institution inwhich interpersonal relationships, usually sexual in some cultures marriage isrecommended or considers to be compulsory before pursuing any sexual activity.Individuals marry for several reasons, such as legal, social, emotional,financial, spiritual, and religious purposes. Marriages are recognized by state,an organization, or religious authority, a travel group, a local community, orpeers. It is often viewed as a contract. It is legally said that the minimumage of women is 18 and men is 21 to get married because women and men getmaturity by that age physically and mentally they are prepared for marriage.
Nowadays women candecide when they are prepared for giving birth to children, in old days womendid not had such option. The increasing popularity of living together prior togetting married has increased unmarried cohabitation, most cohabitations do notend in marriage, most marriages are preceded by cohabitation. It has boostedthe self-respect and self-confidence of women. Men could no longer rule overwomen and suppress their attempt of becoming self-reliant. These developmentshave affected the institution of marriage.
There are differentmarriages amongst different religion. Such as hindu marriage, Christian marriage,Muslim marriage, Parsi marriage.
Evolution of marriageas a social institution ‘make love at any time;that is all that distinguishes us from other animals.’1- Beaumarchais
Actually, the institution has been in a process of constantevolution. Pair-bonding began in the Stone Age as a way of organizing andcontrolling sexual desires and providing a stable structure for children andthe tasks of daily life. But that basic concept has taken many forms acrossdifferent cultures. Polygamy is still common across much of the Muslim world.The idea of marriage is a sexually exclusive, romantic union between one manand one woman is a relatively recent development.
In the ancient world, marriage served primarily as a means ofpreserving power, with kings and other members of the ruling class marrying offdaughters to forge alliances, acquire land, and produce legitimate heirs. Evenin the lower classes, women had little say over whom they married.
But the concept of marriage changed drastically in the 20th century.For thousands of years, law and custom enforced the subordination of women bymen. But as the women’s-rights movement gained strength in the late 19th and20th centuries, wives slowly began to insist on being regarded as theirhusband’s counterpart, rather than their property. At the same time, the riseof effective awareness fundamentally transformed marriage. Couples could choosehow many children to have, and even to have no children at all. If they wereunhappy with each other, they could divorce, and nearly half of all couplesdid. Marriage had become primarily a personal contract between two equalsseeking love, stability, and happiness. This new definition opened the door togays and lesbians claiming a right to be married, too.
According to hindu lawwhich came into force on may 18,1955 brought revolutionary changes. marriage isa holy union. The relationship between husband and wife depends upon each othercertain legal marital duties and gives each of them legal marital rights.Marriage between male and female has become a social institution much beyondthe biological sexual grafication.
Marriage is one of thenecessary religious activity that all hindus need to perform, whatever thecaste, who do not desire to adopt the life of a bramhachari or a sanyasi .theconcept of marriage is to constitute relationship of husband and wife. accordingto ancient hindu law, marriage is the last ten sacraments and it is a tie whichcan never be broken. The modern concept of marriage is contractual in nature.ithas ideas of liberty and equality. today, It is an establish notation that forthe effective marriage it must be an agreement voluntarily entered into by boththe parties
To sum up hindumarriage has not remained a sacrament and has not also become a contract, butit has a balnce between of both.
Inpre-islamic countries the only object of marriage was the enjoyment and creationof children. thus the marriage that is nikah, meant different forms of sexrelationship between man and women established on certain terms. there was,therefore, no certainty in the matrimonial status of wife.today one-sixth ofthe total world population is following islam.and if there is anything which Ischaracteristic of and fundamental to that religion, it is the Islamic law,submission to the will of god.
Thelegal act of marriage in muslim are remarkable for their extremesimplicity.under the muslim law marriage is a contract and the valid contractwill occur only if some of the essentials have been observed like,1 capacity ofthe parties.2formalities and ceremonies of the marriage are duly completed.3free consent of the parties.4 absence of prohibition and impediment.
Lawtherefore, prohibits the marriage between certain persons or been contractedunder certain circumstances. Muslims from beginning have regarded marriage as acontract.it is defined as a civil contract with objective-1)legalization ofsexual introduces. 2)procreation of children
Wilsondefines,marriage is contract which has object for its legal sexual intercourse and procreation of children.nikahmeans,to be contract which has for its object and procreation and legalizing ofchildren.sexualintercourse not permitted by muslim law is zina
Status of women :
“Itis impossible to think about the welfare of the world unless the condition ofwomen is improved. It is impossible for a bird to fly on only one wing.” —Swami Vivekananda
While the whole world is celebrating InternationalWomen’s Day withgreat pomp and show, it would be only apt to analyze the position and spaceIndian women occupy today, and comparing it to the time 60 years ago when thecountry had just gained independence. With women participating in nationalistmovements, to being pushed into the domestic household, to their recognition assuper-women today, women in our country have seen it all.
With time, a lot has changed. Though at somelevels like dowry, crimes like rape, sexual harassment at office or public places,and molestation, eve-teasing, even after over sixty years of independence womenare still exploited, which is the shameful side of our country. Yet one can’tdeny that the situation has improved since the earlier times.
Women in India slowly started recognizing hertrue potential. She has started questioning the rules laid down for her by thesociety. As a result, she has started breaking barriers and earned arespectable position in the world. Today, the modern woman is so deft andself-sufficient that she can be easily called a superwoman, juggling manyfronts single-handedly. Women in Indian are coming up in all spheres of life.They are joining the universities and colleges in large numbers. They areentering into all kinds of professions like engineering, medicine, politics,teaching, etc.
Indiais emerging in all fields for improvement, its culture of showing inequalityfor women is still not change in form of marriages. Nowadays, we don’t seespouses in the marriages are centered on mutual responsibilities but rather, itis now based on the persuit of happiness, fulfillment, and companionship.Nowadays, both the spouses are working, so there is no shortage of money in thefamily but there is immense shortage of time. Both the spouses are so busy thatthey even don’t have the time to give basic or informal education to theirchildren. So, the mutual responsibility to take care of the child is missing.
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