Considerate Marriage Legally | Family Law

In this blog, we unravel the dynamic definition of marriage, exploring traditions,
legal nuances, and societal shifts that shape this sacred bond. Join us as we navigate the complexities that make marriage in India a rich and evolving tapestry.

A marriage in India by definition, as per the academic curricula and legal framework, generally includes the following elements:

Definition of marriage:

A marriage is said to be a legally acknowledged and solemnized union between two individuals creating rights and obligations between them. It is a social contract that is often accompanied by religions and cultural ceremonies.

Legally, a marriage is not only a personal relationship but also a social status that bears along a certain legal consequences and responsibilities.

Key elements of the definition:

• Voluntary union:

Both the parties entering into marriage must have a free and voluntary consent to get married. It must not be through coercion, force or signed under duress.

• Heterosexual Union:

Matrimony has always been viewed as a partnership between a man and a woman. However, that is not the only option today as laws are changing, thereby same-sex unions are now being made legal in many countries. In India (2023), the Supreme Court rejected requests to legalize same-sex unions and went into further detail about the Special Marriage Act’s (1954) provisions in order to fully analyze the matter, which has similarities and connections to homosexuality.

• Lifelong Commitment:

Traditionally, marriage has always been viewed as a lifetime commitment. Although divorce is a legal option, marriage is an institution that is meant to foster stability and permanency in a society.

• Exclusive Relationship:

The institution of marriage establishes a special and exclusive relationship between the spouses. It creates a legal framework that regulates various aspects of their lives that includes property rights, support requirements and parenting responsibilities.

• Legal Recognition:

Marriage is not only a social and cultural institution of a society but also has a legally recognized status. It automatically confers upon certain legal rights and responsibilities on the partners involved.

• Minimum Age Requirements:

The legal frameworks often specify a minimum age for marriage to protect individuals, particularly minors, from entering into a union without sufficient maturity. Currently the minimum age set is 18 years as the minimum age for the bride and 21 years as the minimum age for the groom.

• Consent and Formalities:

The marriage must be solemnized following certain prescribed legal procedures, including obtaining the necessary licenses and fulfilling any formalities required by the relevant personal laws. The main personal laws in India are associated with the major religious communities, including Hinduism, Islam, Christianity, Sikhism, and others.

• Void and Voidable Marriages:

Some of the marriages may be considered to be void or voidable under specific circumstances, such as when they are prohibited by law or if there are grounds for dissolution. It is important to note that the specific legal definition of marriage can vary based on personal laws in India, such as the Hindu Marriage Act (1955), Muslim Personal Law, Christian Personal Law (1872), and the Special Marriage Act (1954). As such, the gradation of the above given definition may differ depending on the religious or cultural context governing the marriage.

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