Changing Dimensions of Institutions of Marriage in India: A Socio-Legal Evaluation
![handle is hein.journals/ijlmhs10 and id is 82 raw text is: International Journal of Law) Management & Humanities
Changing Dimensions of Institutions of
Marriage in India: A Socio-Legal Evaluation
SHYAM PRAKASH PANDEYI
ABSTRACT
Traditional Personal law in India had kept a no. of restrictions attached to the marriage.
However, with the advancement of technology, the concept and dimension of marriage is
gradually changing. An attempt has been made in this article to discuss, examine, evaluate
and critically analyze different provisions of the enacted laws, national and international
conventions, Law books and periodicals, ancient texts as well as judicial decisions related
to changing dimensions of marriage in India. This paper is an effort to discuss the changes
observed towards the institution of Marriage in India. Live in Relationship, Adultery, Same
sex relationships which were considered as a taboo few decades ago are being widely
practiced in the cities. If people are getting more influenced with these concepts, then
ethical and legal communities of the world must take some necessary steps to keep the
concept original and rational.
Keywords: Marriage, Live in Relationship, Adultery, Same sex relationships
I. INTRODUCTION
Marriage is a culturally recognized union between people that establishes rights and obligations
between them, as well as between them and their children, and between them and their in-laws.
The definition of marriage varies with various cultures and over time. Several competing
definitions of marriage have been proposed in an attempt to encompass the wide variety of
marital practices observed across cultures.
Edward Westermarck2, an anthropologist, defined marriage as a relation of one or more men
to one or more women that is recognized by custom or law. Gough3, a sociologist, defined
marriage as a relationship established between a woman and one or more other persons wherein
a child born to the woman under circumstances not prohibited by the rules of relationship is
accorded full birth-status rights common to normal members of his society or social stratum.
1 Author is a Superintendent of Customs at Indian Customs, Mumbai, India.
2 Edvard Westermarck: The History of Human marriage, Macmillan, London (1891)
3 Gough, EK: The Nayars and the definition of marriage, The Journal of the Royal Anthropological Institute of
Great Britain and Ireland (1959), Volume 89(1):23-34
© 2021. International Journal of Law Management & Humanities [ISSN 2581-5369]
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[Vol. 4 Iss 2; 1657]](ViewImageLocal?handle=hein.journals/ijlmhs10&div=6&collection=&method=preview&ext=.png&size=3)
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Changing Dimensions of Institutions of Marriage in India: A Socio-Legal Evaluation
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