What is marriage?
Marriage in India– As per Hindu view, marriage is a sacred relationship in some Hindu system of marriage there is no role of State as marriage is private affair with social realm in traditional reference marriage is undoubtedly the most important transaction point in a Hindu life and most important of all Hindu “Sanskar”. The provision of divorce is considered anthema to the Hindu religion.
Section 7 of the Hindu marriage Act, talks about the ceremonies and customs of marriage. It is solemnize in accordance with the customary rites and ceremonies of either party. Such rituals includes “Saptapadi” taking of 7 steps by the bride and bride groom together before the holy fire the marriage becomes complete and binding when the 7th step is taken in front of family of both bride and bride groom.
Marriage Law in India
The statutory law of marriage in India provides the following remedies to the parties to the marriage.
2. Judicial separation
3. Nullity of marriage
4. Restitution of conjugal rights
5. Mutual divorce
A Hindu wife is entitled to leave separately without forfeiting her claim as to the maintenance in case of desertion, cruelty, change of religion on the part of the husband and other good causes.
Momden law recognizes marriage as a contract. The marriage in the momden law is govern by personal laws. Matrimonial causes with regard to muslim marriages are govern by the momden law and the desolution of muslim marriage Act, 1939. A momden husband has always the sanction of the Quran to give his wife talak.
The dissolution of marriage is a creature of statute. The law of marriage divorce and other matrimonial causes is not uniform across the place and societies. Different Acts have enacted to govern the law of marriage for different communities in India.
Any husband can present a petition praying that his marriage may dissolve on the ground of his wife being guilty of adultery. A wife can also present a petition, when
- The husband has gone through a marriage with another woman
- Has been guilty of incestuous adultery.
- Bigamy with adultery.
- Marriage with another woman with adultery,
- Sodomy or bestiality
- Adultery couple with cruelty
- Adultery couple with desertion
Petition for uniform marriageable age
Recently, a transfer petition has file in the Supreme Court of India asking for uniform marriageable age of 21 years for both men and women, the petition claims that the disparity in age of marriage has increased the gender inequality that exists within a marital relationship.
The same has file by advocate Ashwini Kumar Upadhyay asking that his petition on the same question pending with the Delhi high court is transfer to the Supreme Court along with a similar petition file by one Abdul Mannan, pending with the Rajasthan high court.
Since the issues raise in the two petitions are similar, Upadhyay invoke the power of the Supreme Court under Article 139A which allows cases involving the same or substantially the same questions of law, pending before two or more high courts, to transfer to the Supreme Court.
The transfer petition said, “While men are permit to get married at the age of 21, women married when they are just 18. The distinction is based on patriarchal stereotypes, has no scientific backing, perpetrates de jure and de facto inequality against women, and goes completely against the global trends.”
The petition claimed that 125 countries have uniform minimum age of marriage for boys and girls and by putting an end to the discrimination in age, women will have equal opportunities as men for pursuing their education, employment opportunities without being hinder by family compulsion to get married.
Upadhyay argued that women in a married relationship are expect to subordinate to the husband. “This power imbalance is deeply aggravate by the age differential, because age itself constitutes a hierarchy of power. A younger spouse is therefore expect to respect and be servile to her elder partner, that aggravates the pre-existing gender-based hierarchy in the marital relationship,” the petition stated.
All laws that deal with marriage, whether it be the Hindu Marriage Act, Special Marriage Act. Indian Christian Marriage Act or the Parsi Marriage and Divorce Act. Have fixed the marriageable age for men and women as 21 and 18 respectively. Whether the Supreme court decides it in favour of women or not is in future.