Marriage Is The Foundation Of A Civilized Society

3333 Words Nov 5th, 2014 14 Pages
Marriage is the foundation of a civilized society. The relation once formed, the law step in and binds the parties to various obligations and liabilities arising therefrom. Marriage is an institution in the maintenance of which the public is very interested. It is the foundation of the family and in turn society, without which no civilization can exist. A marriage celebrated, whether before or after the commencement of the Hindu Marriage Act, 1955 (Act) cannot be dissolved by a decree of divorce on any of the grounds listed in Article 13 of the Act. Until a Hindu marriage is dissolved under any law of the spouses can contract second marriage. Thus, it is clear from the various provisions of the law that the modern Hindu law strictly enforces monogamy. [1] Even in Muslim law plurality of marriage is not unconditionally vested in the husband. Traditional Islamic law as interpreted and applied in India allows more than one marriage during the subsistence of another and the ability to do justice between wives is co entitled prerequisite [2]. According to Hindu law administered by the courts in India divorce was not recognized as a way to end the marriage, which has always been considered a sacrament, with one exception where it is recognized by custom. Public policy, morals and interests of society were considered to require and ensure that, where appropriate, compensation should be allowed in the manner and for the reason or cause in law. One expressly recognized by law is the…
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