Marriage & Divorce | Part 1 | Family Law

The blog presents the basic theory of marriage and divorce that forms the introduction of Family Law in India. This can be useful for students preparing for Law and other entrance exams.

Q1. What is a marriage ?

Ans. Marriage is defined as a social and legal union between a man and a woman. Through the institution of marriage the spouses create kinship.

Q2. What is kinship ?

Ans. Kinship is a system of social organization between people who are related by blood, marriage, or adoption.

Q3. Marriage a social union, how ?

Ans. Marriage is a social union because both the spouses are entitled to each other’s company and conjugal rights, which are mutual rights and privileges between two individuals that arise from the state of being married.

Q4. What are the mutual rights and privileges that arise out of marriage ?

Ans. The mutual rights and privileges that arise out of marriage include:

  • affection
  • companionship
  • co-habitation
  • joint property rights and
  • sexual relations.

Q5. What is restitution of conjugal rights ?

Ans. If case, if either of spouses detaches herself or himself from the social and emotional companionship of her/ his spouse without reasonable cause (i.e., sound judgement, which is just, fair and rational) then the aggrieved party can approach court for relief.
In such cases, the court may direct the accused spouse to return with the other spouse to return with the other spouse their matrimonial home, this is called as the restitution of conjugal rights.

Q6. Marriage is a legal union, how ?

Ans. Marriage is a legal union between a man and a woman, because certain legal consequences follow after marriage like:

  • the parties get the status of husband and wife
  • legitimacy is conferred on children who are born after marriage
  • rights of maintenance and inheritance of property are conferred on husband and wife

Q7. What is endogamy rule of marriage ?

Ans. Endogamy is about marriage to a person within one’s own group. Such a group may be based on :

  • caste
  • class (social, economic, educational status)
  • ethnic group (common culture or nationality)
  • religious group
  • village

Q8. What is exogamy rule of marriage ?

Ans. Exogamy is a rule that requires an individual to marry outside the tribe, family, clan or other social unit. It is especially with regard to descent groups on the basis of descent from a common ancestor or ancestress. The group can consist of children of the same father/ mother, of grandchildren of the same grandmother/ father, great-grandchildren of the same great-grandparent etc., or of the descendants of these persons.
In exogamy, certain degree of social or relationship distance must exist.

Q9. What are the different laws of marriage governing people of different religions ?

Ans. The different laws of marriage that govern people belonging to different religions are :

  1. The Hindu Marriage Act, 1955
  2. The Parsi Marriage and divorce Act, 1936
  3. The Christian Marriage Act, 1872
  4. The Muslims do not have any codified law of marriage; they are governed by their religious texts.

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