CONCEPT OF MARRIAGE

Introduction:Marriage is very old and well recognised institution among almost all religions in the world. But primitive men never has such relationship. He was engaged in the satisfaction of his primary needs like hunger and shelter. Sex life was absolutely free. Sex promiscuity was the rule. Civilization dawns on man with the acquisition of knowledge of cattle, agriculture and industry. Family relationship and sex regulation came to be established. In the beginning it was group marriage or women in the tribe belonged equally to everyman in that tribe like vice versa. Outside tribe sexual relationship is prohibited. When humanity comes into patriarchal stage, marriage as an exclusive union comes to be firmly established. At this stage monogamy in west and polygamy in east came to be established. Thus, in the era of mans ascendancy to power, the institution of marriage came into existence as an exclusive union. He tried to idealize the institution of marriage with a view to dominating the will and mind of the woman. In its most idealized form, marriage among the Hindus and the Christians came to be considered as a sacrament. Concept of Hindu Marriage Rig Veda considered marriage as a sacramental union. And it continued to be so in the entire Hindu period. Even now Hindu marriage is considered to be sacrament. Passages:- As per Manusmriti I hold your hand for Saubhagya (good luck) that you may grow old with your husband, you are given to me by the just, creator, the wise and by the learned people. Manu enjoins on the wife that she should be paturnuvrata. Further says once man and woman are united in marriage, they must see that there is no difference between them. They must be faithful to each other. According to Rig Veda, Be thou mother of heroic children, devoted to the Gods, be thou Queen in the father-in-laws household. May all Gods unite the hearts of us two into one. Wife is considered as ardhangini (half of man) and man is not complete until he is married. Taittitiya Samhita also considered half is she of the husband that is wife. By this mutual fidelity between both are declared as highest dharma. Shastras husband and wife are referred to, by several names like bhartri (supporter, pati, protector), wife is called as jaya (ones own self is begotten on her). Ardhangini (half of man), Grihani (lady of the house), sachiva (wise counselor), sakhi (confidante), grihalakshmi, etc.

According to Mahabharata, by cherishing women, one but virtually worships the goddess of prosperity herself; by afflicting her, one but afflicts the goddess of prosperity. The wife is source of Dharma, Artha, Kama and Moksha. According to Ramayana, wife is to be the very soul of her husband. Hindu sages hold that the lord and master of his wife, he must be adored and obeyed even if devoid of all virtues. By the above passages marriage is declared as essential samskaras (sacraments) for every Hindu. Every Hindu must marry. Veda ordains that Dharma must be practiced by man together with his wife. Thus, Hindus conceived marriage as a sacramental union which implies several things. 1) Marriage between man and woman is of religious or holy character and not contractual union. 2) Sacramental union implies that it is a permanent union. Marriage is a tie which once tied cannot be untied. 3) Sacramental union not only union of bodies but union of soul. Marriage as a Contract:The modern concept of marriage is a contract. The greatest contribution of the industrial revolution is the emergence of the concept that all human and social relations must be based on free volition of individuals. Thus marriage is considered as contract as established in western culture. For marriage contract parties to the marriage must have capacity (age) and should give consent for marriage. But Hindu marriage is deemed to be sacrament. So consent of parties did not occupy an important place and absence of consent of parties does not render marriage as invalid. Age of bride and bridegroom also is not mentioned and child marriages are very common that days. Hence it is presumed that Hindu marriage is not at all contract but sacrament.

Concept of Marriage under Hindu Marriage Act 1955:

Hindu Marriage Act, 1955 has reformed Hindu law of marriage. By this the classical concept of sacrament has diluted. Specially Sections 5, 11 and 12 pertinent provisions. 1) Section 5 deals with the conditions of marriage, (ii) mental capacity, (iii) age of bride and bridegroom. As per the provisions of Indian Contract Act, contract entered by minor and unsound mind is void. Like it was argued that Section 5 (ii) and (iii) of Hindu Marriage

Act, 1955 lay that bride and bridegroom shall not be minors (below 18 yrs.) and unsound. Hence Hindu Marriage is contract. But violation of such conditions live one of the parties is unsound still that marriage is valid under section1 2 it is only ground for annul the marriage as voidable, by the option of the parties. If after marriage if parties does not want to avoid the marriage it is absolutely valid even one of the parties is unsound. Next is the age of the parties to the marriage should be below 18 yrs. if marriage is soleminized still the age is not going to invalidate such marriage,only parents are punishable for solemnization of child marriage but marriage is valid. The wife can only take her option to repudiate the marriage on this ground by opting after age of puberty. If not opted even then child marriage is valid. 2) Section 12 (1) (c) lays down that in case of consent of either the party at the time of marriage is obtained under fraud, force or coercion is voidable marriage. Under Indian Contract Act when consent for contract is obtained under fraud, force and coercion is invalid. But commencing to marriage if is still option of parties and not giving consent at the time of marriage is not at all invalidate marriage. 3) Section 13 lays down several grounds for dissolution of marriage like discharge of contract. But every marriage is not going to end with divorce it is a permanent union. Moreover marriage is valid if ceremonies are performed which is totally sacramental form. 4) Section 9 deals with Restitution of Conjugal Rights argued as Specific Performance of Contract but it is essence of holy union and concept of living together in conjugal society. Thus, Hindu marriage has not totally destroyed the concept of sacramental marriage. Even though contractual provisions have been introduced it is now semblance of both. It has semblance of a contract as consent is of some importance and dissolution of marriage. Same time it has a semblance of a sacrament as in most marriages a sacramental ceremony is still necessary.

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