Nature of Marriage for CLAT - Practice Questions & MCQ

Introduction:

• The Nature of Marriage refers to the fundamental characteristics and legal framework surrounding marriages in India. 
• It's essential to understand that marriage is not only a social and religious institution but also a legally recognized contract with distinct features.

Key Aspects of the Nature of Marriage:

Legal Contract:

• Marriage is a legally binding contract between two individuals. It involves specific legal rights and obligations outlined by law.
• For example, under the Hindu Marriage Act, 1955, a Hindu marriage is a legal contract where both spouses have legal rights to each other's property and are responsible for each other's welfare.

Solemnization:

• Marriages are solemnized through rituals and ceremonies that often reflect cultural and religious customs. These ceremonies hold great significance for the couple and their families.
• For instance, in Hindu marriages, various rituals like exchanging garlands and taking the seven vows around the sacred fire symbolize the solemnization of the union.

Monogamy and Polygamy:

• In India, monogamy is generally promoted, meaning that a person can have only one spouse at a time. However, certain personal laws may allow for polygamy under specific circumstances.
• Under Hindu law, monogamy is the norm, while Muslim law allows a Muslim man to have up to four wives, subject to conditions.

Rights and Duties:

• Marriage confers certain rights and duties upon spouses. These include the right to cohabit, financial support, and responsibilities related to the welfare of the family.
• For example, the Hindu Marriage Act recognizes the wife's right to maintenance and residence from her husband, ensuring her financial and housing security.

Case Law: Sarla Mudgal v. Union of India (1995)

• Background
  • The case dealt with a Hindu husband's conversion to Islam for the purpose of contracting a second marriage without divorcing his first wife.
• Key Issues
  • Whether a Hindu husband's conversion to Islam solely for the purpose of contracting a second marriage without divorcing his first wife is legally valid.
  • Whether such conversions and marriages violate the principles of Hindu law and the Hindu Marriage Act, 1955.
• Key Findings and Rulings
  • The Supreme Court held that a conversion to another religion for the sole purpose of contracting a second marriage while the first marriage is subsisting is not valid under the Hindu Marriage Act.
  • The first marriage continues to be legally valid, and the conversion does not nullify the obligations and legal status of the first marriage.
  • The judgment emphasized the importance of upholding the legal nature of marriage and preventing individuals from exploiting religious conversions to evade the legal consequences of their actions.
  • It recommended legislative reforms to address issues related to bigamy and conversions for the purpose of contracting a second marriage, advocating stricter penalties for such practices.
• Impact
  • The case reaffirmed the legal recognition of marriage and upheld the sanctity of the institution under the Hindu Marriage Act.
  • It set a precedent to prevent individuals from exploiting religious conversions to evade the legal consequences of their actions, particularly in matters related to marriage.
  • The judgment's recommendations for legislative reforms highlighted the need for stricter penalties and legal measures to address issues related to bigamy and conversions for the purpose of contracting multiple marriages.

Indian Constitution and Marriage:

• Article 21 of the Indian Constitution: This article guarantees the right to life and personal liberty. The Supreme Court has interpreted this to include the right to marry the person of one's choice, emphasizing the constitutional significance of marriage.
• Article 25 of the Indian Constitution: This article ensures the freedom to practice and propagate religion, including the freedom to marry according to one's customs and traditions, highlighting the constitutional protection of diverse marriage practices.