PERSONAL LAW IN INDIA

A RESEARCH PAPER SUBMITTED IN THE PARTIAL FULFILLMENT

OF THE COURSE FAMILY LAW - I FOR THE REQUIREMENT OF THE
DEGREE B.A. (LLB) SESSION 2019 – 2020

SUBMITTED BY

ASHISH VIDYARTHI

ROLL NO – 1919

SUBMITTED TO

MS. POOJA SRIVASTAVA

TEACHER ASSOCIATE

CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR MITHAPUR, PATNA (800001)

AUGUST 2019

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ACKNOWLEGEMENT

The researcher takes this opportunity to express his profound gratitude and deep regards to his
guide MS.POOJA SRIVASTAVA for his exemplary guidance, monitoring and constant
encouragement throughout the course of this thesis. The blessings, help and guidance given by
him time to time shall carry the researcher a long way in the journey of life on which the
researcher is about to embark.

The researcher is obliged to staff members of Chanakya National Law University Patna, for
the valuable information provided by them in their respective fields. The researcher is grateful
for their co-operation during the period of his assignment.

Lastly, the researcher would like to thank almighty, his parents, brother, sister and friends for
their constant encouragement without which this assignment would not be possible.

THANK YOU
ASHISH VIDYARTHI

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DECLARATION

I hereby declare that the work reported in the B.A. LLB (Hons.) project report entitled

“PERSONAL LAW IN INDIA” submitted at Chanakya National Law University Patna, is

an authentic record of my work carried under the supervision of MS.POOJA SRIVASTAVA. I

have not submitted this work elsewhere for any other degree or diploma. I am fully responsible

for the contents of my project report.

ASHISH VIDYARTHI

CHANAKYA NATIONAL LAW UNIVERSITY

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Contents
ACKNOWLEGEMENT ..................................................................................................................................... 2
DECLARATION ............................................................................................................................................... 3
1. INTRODUCTION ..................................................................................................................................... 6
2. Principal Sources of Law – Customs.................................................................................................. 7
1. Legal Customs .................................................................................................................................. 7
2. Conventional Customs ...................................................................................................................... 8
3. CONCEPT OF MARRIAGE AND ITS EFFECTS ........................................................................................... 8
Monogamy: ............................................................................................................................................... 9
Polygamy: .................................................................................................................................................. 9
There are three basic forms of polygamy ................................................................................................. 9
4. DIFFERENT TYPES OF MARRIAGE PREVAILED IN INDIA....................................................................... 11
Traditional forms of Hindu Marriage in India which are below: ........................................................ 11
MARRIAGE (NIKHAH) IN MUSLIM FAMILY .................................................................................................. 18
A CIVIAL CONTRACT ................................................................................................................................ 18
Christian marriage ....................................................................................... Error! Bookmark not defined.
Condition for marriage............................................................................................................................ 20

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INTRODUCTION

Personal law is defined as a law that applies to a certain class or group of people or a particular person,
based on the religions, faith, and culture. In India, everyone belongs to different caste, religion and
have their own faith and belief. Their belief is decided by the sets of laws. And these laws are made by
considering different customs followed by that religion. Indians are following these laws since the
colonial period. There are so many personal laws in India like Hindu, Muslims and the Christain

community.

AIMS AND OBJECTIVES

1. To analysis the concept of marriage and in it’s effect.

2. To analysis the concept of marriage in different communities or the groups in India.

HYPOTHESIS

1. In modern era in India, need’s personal law.

2. Is any special provision to protect or enhance the personal law in India.

RESEARCH METHODOLOGY

For the project research, researcher will rely upon doctrinal method of research.

SOURCES OF DATA

The researcher will be relying on secondary sources to complete the project.

SECONDARY SOURCES – books, websites etc.

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LIMITATIONS

The researcher has time and territorial limitations in completing the project.

MODE OF CITATION

The researcher will follow BLUE BOOK (9th) edition.

1. INTRODUCTION

Personal law is defined as a law that applies to a certain class or group of people or a particular person,
based on the religions, faith, and culture. In India, everyone belongs to different caste, religion and
have their own faith and belief. Their belief is decided by the sets of laws. And these laws are made by
considering different customs followed by that religion. Indians are following these laws since the
colonial period. There are so many personal laws in India like Hindu, Muslims and the Christain

community. Customs can be described as a cultural idea that defines a regular pattern of behaviour,

which is considered a characteristic of life in a social system. They are one of the earliest sources of
law. Customs are important for maintaining balance and peace in a society. Even today, customs are

a basis of a large number of laws.

The modern law that is used in courts has originated from various sources. All these sources of law
fall under two important heads, namely

 Principle Sources of Law

 Secondary Sources of Law

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 1. Principal Sources of Law – Customs
Studies on ancient societies show that the lives of the primitives were dictated by the customs which
developed during that time period because of the circumstances. When a certain activity is
performed in a certain way, many many times, it becomes a custom1. Customs have played a major
role in forming ancient Hindu Law.

Customs can be broadly classified into :

 Without sanctions

Customs without sanctions are those which are not obligatory and are followed due to the pressure
of the society. It is referred to as ‘positive morality’

 With sanctions

Customs which have sanctions are those which are enforced by the ruling body. It is these customs
that we will be dealing with in the law. These are again divided into two types –

1. Legal Customs

Legal Customs act as strict rules that are meant to be followed by everyone and action is taken
against anyone who breaks them. They are recognised by the courts and are part of the law. Again,
there are two aspects to legal customs, which are :

Local Customs – Local customs are those types of customs which exist in a certain geographical
locality and are thus part of that place’s culture. It is specific to that place alone. However, when
certain communities migrate, they take their customs with them. And so, local customs are then
further divided into two parts – geographical local customs and personal local customs.

1
https://www.toppr.com/guides/business-laws-cs/introduction-to-law/principle-sources-of-indian-law-personal-
law/

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General Customs – A general custom is a custom that is not specific to a single locality, but rather
it is followed by the whole nation or country. They are also part of the law.

2. Conventional Customs

A conventional custom is an established ‘usage’ which is considered legally binding because it has
been incorporated in an expressly stated or implied contract. Before a court of law treats a
conventional custom as legally binding, certain prerequisites have to be fulfilled. Those are :

 It must be shown that the convention is clearly established and also that the contracting
parties are fully aware of it. There is no fixed period before which a convention must be
observed before it is recognised as binding.

 The convention cannot alter the general law of the land.

 It must be reasonable.

2. CONCEPT OF MARRIAGE AND ITS EFFECTS.

The word "marriage" derives from Middle English mariage, which first appears in 1250–
1300 CE. This in turn is derived from Old French, marier (to marry), and
ultimately Latin, marītāre, meaning to provide with a husband or wife and marītāri meaning
to get married. The adjective marīt-us -a, -um meaning matrimonial or nuptial could also be
used in the masculine form as a noun for "husband" and in the feminine form for "wife". The
related word "matrimony" derives from the Old2 French word matremoine, which appears
around 1300 CE and ultimately derives from Latin mātrimōnium, which combines the two
concepts: mater meaning "mother" and the suffix -monium signifying "action, state, or
condition.

Nature of marriage:

2
https://www.bartleby.com/essay/The-Concept-of-Marriage-PKSUB5YTJ

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 Marriage is stable, socially permitted exclusive union between the male and female.
According to the mazumdar marriage is “ socially sanctioned union of male and female or as
a secondary institution devised by the society to sanction the union and mating of the male
and female for the purpose of establishing household, entering into the sex relation,
procreating and providing care of the offspring”.

Ancient Hindu Scriptures treated marriage as a sacramental, indissoluble union to beget a son
for the salvation and to discharge religious and secular duties. According to the muslim law
marriage is a civil contact the object of which is mutual enjoyment and procreating and
legalizing the children. It was also treated as religious duties ceremonies of Ashirvad by a
priest is essential. A marriage among Christians is also a contract solemnized by a minister of
religious.3

Monogamy:

It is a form of marriage in which one man is married to one woman at a time. It allows one
wife to have one husband till death and only divorce separates them apart. This form of
marriage is the only universally recognized form and is the predominant even in societies
where other forms exist.

Polygamy:

Some cultures allow an individual to have more than one spouse at the same time. Having more
than one marriage partner at a time is known as polygamy. It was practised in most of the
societies of the world but now the trend is towards monogamy. However, as anthropologist
George Murdock (1959) found, 80 per cent of societies had some type of polygamy.

There are three basic forms of polygamy:

(a) Polygyny:
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It refers to plurality of wives or having more than one wife at the same time. In many societies,
having several wives is a mark of prestige, distinction and status. It is very common among
Muslims in Africa and in Middle East and Asia.

(b) Polyandry:
It is a type of marriage in which a woman can have several husbands (plurality of husbands) or
two or more husbands simultaneously. It is very rare form of marriage. Wherever it is practised,
the co-husbands are usually brothers, either blood brothers or clan brothers and are of the same
generation.

It is known as adelphic or fractural polyandry. The Todas (South India) and Khasa (North India)
are the famous examples of polyandry. One motive in this case would be the maintenance of land
and property within one family.

(c) Group Marriage:

It is one more type of polygamy, in which several or many men marry to several or many
women. It is practised in some indigenous societies.

Hypergamy : marriage of daughter in superior family.

Levirate : marriage children widow of his brother.

Sororate: marrying of sister of the deceased wife.

Sororal polygyny: a man marry several sister.

Anuloma marriage: an inter caste marrisage where an upper caste man marries to lower caste
women4.

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Pratiloma marriage : an inter caste marriage where the lower caste man marriage to the upper
caste women.

Concubinage: A women cohabit with a man without the marriage.

Exogamy : marrying outside blood relationship.

Endogamy: marrying within the blood relationship.

3. DIFFERENT TYPES OF MARRIAGE PREVAILED IN INDIA

8 Traditional forms of Hindu Marriage in India which are below:

From the days of Grihas Sutra, Dharma Sutra and Smritis the forms of marriage are said to be
eight. But according to historical point of view there were more prevalent forms than eight. It is
believed that the other forms of marriage, apart from the eight forms of marriage as ordained by
the sastrakaras, were based on custom and convenience of 18 people. N. C. Sengupta believes
that inferior forms of marriage might have been adopted in the Aryan society form non-Aryan
sources. However, the smriti recognized eight modes of obtaining a maiden as one’s wife and
these have come to be known in Hindu law as the eight forms of marriage.5

5
http://www.yourarticlelibrary.com/marriage/8-traditional-forms-of-hindu-marriage-in-india/47455

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Manu, the great Hindu law giver, has mentioned eight forms of Hindu marriage, viz, Brahma,
Daiva, Arsa, Prajapatya, Asura, Gandharva. Rakksash and Paisacha. Prior to the enactment of
Hindu Marriage Act, there were eight forms of marriage, four approved and four unapproved.
This was owing to the large extent over which the Hindu society was spread and the dissimilar
elements of which it was composed.

Manu’s description of the eight forms of marriage is given below:

(1) Brahma form of marriage:

Brahma form of marriage is said to be the best and mostly practiced throughout India. It is
considered an advanced stage of social progress. Manu, the Hindu law-giver, laid so much
importance on this form of marriage that he placed it even above divine marriage. Manu
described this Brahma form of marriage as “the gift of a maiden spontaneously after clothing and
reverencing her, to one learned in the Vedas and of good character,”

Thus the “gift of the daughter, clothed and decked, to a man learned in the Vedas, whom her
father voluntarily invites and respectfully receives, is the nuptial rite called “Brahma” C.D.
Banerjee is of the view that this form of marriage was called so because it was fit for the
Brahmans. But in the Mahabharata it is also found that the Kshatriyas practiced the Brahma form
of marriage.

The Hindu Sastrakaras have considered it the highest, purest and most evolved method of
marriage as it was free from physical force, carnal appetite, imposition of conditions and money.
In the Brahma form of marriage social descency was fully maintained and the religious rites
were fully observed. It also implies an advanced stage of social progress as the form appears to
have been intended as a reward for learning in the Hindu scriptures and thought to be an
impelling force for the study of the Vedas. The Brahma form of marriage resembles the
“Confarreation.” marriage practiced in Rome Manu and Yajnavalkya held that the son born of a
Brahma marriage redeems form sin, ten ancestors, ten descendants and himself.

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(2) Daiva form of Marriage:

The Daiva form of marriage was slightly different from the Brahma form of marriage in the
sense that the suitor was an official priest. Special qualities like good character, scholarship in
the Vedas or good family background of the bridegroom were not emphasized in selection. “The
rite which sages call ‘Daiva’ is the gift of a daughter whom her father has decked in gay attire
when the sacrifice is already begin, to the officiating priest, who performs the act of religion. The
Daiva form of marriage was described by Manu as “the gift of a daughter, after having adorned
her, to a sacrificial present rightly doing his work in a sacrifice begun.”

Manu and Jajnavalkya hold the view that the son born of such a marriage is said to redeem from
sin seven parental ascendants and seven male descendants and himself. This from of marriage is
exclusively for the Brahmins, because the Brahmins can only officiate in the sacrifices, as
priests. But this form of marriage was rated lower than the Brahma form of marriage because
here the father or other guardians of the bride took into account the services of the bridegroom.
On the contrary, in the Brahma form of marriage, the bride figured as an object of ‘dana’ or gift
by her father or guardian to the bridegroom.

(3) Arsha form of Marriage:

“When the father gives his daughter away after having received from the bridegroom one pair of
kine, or two pairs for uses prescribed by law, that marriage is termed Arsha”. This form of
marriage is called Arsha because it was current mostly in the priestly families as its very name
suggests. In this form of marriage, the pair of kine, or two pairs, constitute the price of the bride.
Sir Gooroodas Banerjee holds the view that” it means the ceremony of the Rishis and is perhaps
indicative of the pastoral state of Hindu society, when the free gift of daughters in marriage was
not common and cattle formed the pecuniary consideration for the gift.” The epics and Puranas
contain many examples of this form of marriage, one such being the marriage of sage Agastya
with Lopamudra.

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The number of persons redeemed by the male offspring of such marriage is only six (three male
descendants and three female ascendants), Nevertheless, the importance of this form of marriage
has been highlighted in the Visnu Purana and the Matsya Purana. It is said in the Visnu Purana
that the person who gives a maiden in this form of marriage earns the competence of reaching
the region of Vishnu in heaven.

Briefly speaking, this Arsha form of marriage symbolizes the pastoral stage of the Hindu society
where cattle were considered indispensable. This form of marriage was also peculiar to the
Brahmins. However, the Arsha form of marriage could not be practised in the later period due to
the decline of sacrifices and conception that marriage is a pure gift by the father is an offence to
the religious sentiment of the Hindus.

(4) Prajapatya form Marriage:

In this form of marriage, the father gives away his daughter with due honour saying, distinctly:
“May both of you perform together your civil and religious duties “You two be the partners for
performing religious and secular duties. The very name Prajapatya indicates that the pair enters
the solemn bond for repayment of debts or rinas to Prajapati for procreation and upbringing of
children. The basic condition in this form of marriage is that the bridegroom is to treat the bride
as a partner for secular and religious purposes and the proposal comes from the bridegroom who
is a suitor for the damsel.

The Prajapatya form of marriage is an orthodox form where the parental approval figures and the
economic complications of betrothal are bypassed. The prajapatya form of marriage is construed
to be inferior to the first three forms because here the gift is not free but it loses its dignity due to
conditions which should not have been imposed according to the religious concept of a gift. This
form of marriage may have fallen into disuse due to the practice of child marriage. This form of
marriage was also peculiar to the Brahmans only.

(5) Asura form of Marriage:

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In the Asura form of marriage, the bride was given to the husband in payment of a consideration
called ‘sulka” or bride-price. When the bridegroom, having given its much wealth as he can
afford to the father or paternal kinsmen and to the damsel herself, takes her voluntarily as his
bride ‘ it Is called the Asura Marriage.

The Ramayana mentions that a fabulous amount of bride price was given to the guardian of
Kaikeyi for her marriage with king Dasaratha. The Mahabharata also contains descriptions
regarding purchase of a maiden through the offer of a great amount of wealth as an act of
allurement for the kinsmen of the bride. Iravati Karve writes that Madri was obtained by King
Pandu by means of a lavish amount of money, paid to the king of Madra.

The Asura form of marriage was prevalent in ancient India when the bride had a value or she was
construed to be an article of merchandise. He who wished to procure her had to pay for her. Thus
this form of marriage is based on an agreement between two families as a commercial
transaction.

It was called the Asura form of marriage, as being the ceremony of the Asuras, or the aboriginal
non-Aryan tribes of India. But a marriage was not construed as ‘asura’ form of marriage by the
mere fact of the bridegroom giving the bride or her father a present as a token of complement.

(6) Gandharva form of marriage:

The Gandharva form of marriage is the union of a man and a woman by mutual consent.
According to Manu “The voluntary connection of a maiden and a man is to be known as a
Gandharva union which arises from lust”. Thus “the reciprocal connection of a youth and a
damsel with mutual desire is the marriage denominated “Gandharva”, contractual for the purpose
of amorous embraces and proceeding from sensual inclination.” “To some extent this form of
marriage appears to be like “Gretna Green” marriages.” “Gretna Green” marriages are the run-
away marriages by persons governed by the English Law at “Gretna Green” or elsewhere in
Scotland to evade the provision of that law against ill-advised and clandestine marriages.

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It is believed that this form of marriage is called ‘Gandtarva’ because of its wide practice by the
tribe called ‘Gandharva’ living on the slopes of the Himalayas. However, Manu and Narada
prescribed this form of marriage to all the caste groups. The Mahabharata contains several
instances of this Gandharva form of marriage. King ‘Dusyanta’ induced ‘Sakuntala’ to accept
him in the Gandharva form of marriage. Even the ‘Swayamvara’ marriages as found in the epics
and puranas may be conceived as the Gandharva form of marriage.

The Gandharva marriage somewhat resembles the ‘Usus’ form of marriage in Roman Law.
Though the Gandharva form of marriage was prevalent in the ancient Hindu social system, the
frequency of solemnization of such marriage was very low on account of a couple of reasons.
First, the individual taste was not given any emphasis in the Hindu ideology and this did not
result in love and mutual consent.

Moreover, love, emotion or mutual consent were discouraged by the Hindu society. Secondly, in
the ancient days, romantic attachment between partners could not develop due to the rare
possibility of physical proximity. However, the ancient Hindu Juridical literature empowered a
maiden to select a husband of her own caste, provided that she was not given in marriage by her
father or guardians within three months or three years of the attainment of puberty.

A minor girl is incompetent to contract this ‘Gandharava’ form of marriage as she is incapable of
giving her consent. This form of marriage indicates that the parties must be adults so that they
will be capable of sexual enjoyment. This form of marriage was prevalent among the Rajbanshis
and in Manipur.

Gradually this form of marriage declined due to the child- marriage practice in the Hindu society.
But later on, along with the introduction of post-puberty marriage, it has been practiced in the
name of love marriage.

(7) Rakshasa form of marriage:

In simple terms the ‘Rakshasa’ form of marriage may be described as marriage by capture,
resembling the right of a victor to the person of the captive in war. Manu holds, “The seizure of a

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maiden by force from her house while she weeps and calls for assistance, after her kinsmen and
friends have been slain in battle or wounded, and their houses broken open, is the marriage styled
Rakshasa” According to P.V. Kane, this form of marriage is called Rakshasa because ‘Rakshasas
(demons) are known from the legends to have been addicted to cruelty and forceful method.

Traditionally, this form was allowed to the Kshatriyas or military classes. The Gonds of Berar
and Betul also practiced this form of marriage. The Gonds also practiced the marriage by capture
in the name of ‘posisthur’. About Rakshasa form of marriage, says Westermarck among no
people it is known to have been usual or normal mode of conducting a marriage. It is chiefly
found either as an incident of war or as a method of procuring a wife when it is difficult or
inconvenient to get one in the ordinary manner.” In the modern Indian society this Rakshasa
form of marriage has been banned, and its practice is a punishable offence vide section 366 of
IPC.

(8) ‘Paishacha’ form of marriage:

It is the worst form of marriage among the Hindus. When the lover secretly embraces the damsel,
either sleeping of flushed with strong liqueur, or disordered in her intellect, that sinful marriage,
called paishacha is the eighth and the lowest form. This form of marriage was the most
abominable and reprehensible, originating from a sort of rape committed by man upon a damsel
either when asleep or when made drunk by administering intoxicating drug. P.V. Kane thinks
that this marriage is called paishacha because in it there is action like that of pisachas (goblins)
that are supposed to act stealthily at night Vatsyayan’s ‘Kamasutra’ places the paisacha form of
marriage as the seventh, before the Rakshasa and thus considers it better than the Rakshasa form
of marriage. According to Sir G.D. Banerjee the paishacha form of marriage has been
enumerated as a form of marriage only out of regard for the honour of the unfortunate damsel.

The difference between the ‘Paishacha’ and the ‘Rakshasa’ forms of marriage lies in the fact that
whereas in the latter there is the scope of display of bravery and force at the same time, in the
former the maiden is taken by deception and fraud. Therefore, Sternabach considers the
‘Paishacha’ form of marriage as a part or a special branch of the ‘Rakshasa’ vivaha. However, in
the modern socio-cultural matrix, this form of marriage is a punishable offence under the I.P.C.

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as rape as the principle of law holds that a culprit should not be allowed to be benefited for any
wrong-doings caused by him.

Out of the eight forms of Hindu marriage, the first four, i.e. ‘Brahma’, ‘Daiva’, ‘Arsha’ and
‘Prajapatya’ were the approved forms of marriage and the last four, such as, ‘Asura’,
‘Gandharva’, ‘Rakshasa’ and ‘Paisacha’ were unapproved forms of marriage. In the first four
forms of marriage, the dominion of the father or guardian over the maiden is fully recognised.
The dominion of the father is completely undermined in the ‘Gandharva’, ‘Paishacha’ and
‘Rakshasa’ forms of marriage.

In the present Indian scenario, considering from the socio-legal point of view, three forms of
Hindu marriage appear to be existent. These are the Brahma, Asura and Gandharva forms of
marriage. The higher caste Hindus solemnize the Brahma form of marriage in the most cultured
form. The Asura form of marriage is commonly practised among the lower castes and the
Gandharva marriage is gaining momentum among the modern youths in the form of love
marriage.

MARRIAGE (NIKHAH) IN MUSLIM FAMILY:

A CIVIAL CONTRACT :

An Islamic marriage contract is an Islamic prenuptial agreement. It is a formal, binding

contract considered an integral part of an Islamic marriage, and outlines the rights and
responsibilities of the groom and bride or other parties involved in marriage proceedings.

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In Sunni Islam, a marriage contract must have at least two witnesses. Proper witnessing is critical
to the validation of the marriage, also acting as a protection against suspicions of adulterous
relationships6.

In Shia Islam, witnesses to a marriage are deemed necessary, but in case are not available then
the two parties may conduct the nikah between themselves. It is also believed that temporary
marriage, or Nikah Mut'ah (a type of contract which had more relaxed requirements) was
prohibited in Sunni Islam, the necessity of witnessing was introduced by Sunni caliphs,
specifically Umar to ensure that no couples engaged in secret union.

Marriages are usually not held in mosques, (depending on the country and culture of both where
the marriage happens and the parties involved) because typically men and women are separated
during the ceremony and reception. Islam doesn't authorize any official clergy, so any Muslim
who understands the Islamic tradition can be the official for the wedding. However, if a Muslim
wedding is held in a mosque, then a marriage officiant, known as qadi qazi or madhun may
preside over the wedding.

Condition for valid marriage : muslim can not have the more than four wives at the same time
polyandry i.e. hving more than the one husband at the same time is not permitted. Muslim male
may marry not only a muslim women but also a kitabia i.e. person whose religious has an
authoritative book e.g . christain or jew. Ha can not marry an idolatress(e.g. Hindu). He cannot
marry certain person realted.

By consanguinity e.g. daughter, mother,sister,niece etc.

By affinity e.g. son’s wife.

By fosterage e.g. sister’s foster- mother

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Christian marriage

in the Christian society, a "one man one woman" model for the Christian marriage was
advocated by Saint Augustine (354-439 AD) with his published letter The Good of Marriage. To
discourage polygamy, he wrote it "was lawful among the ancient fathers: whether it be lawful
now also, I would not hastily pronounce. For there is not now necessity of begetting children, as
there then was, when, even when wives bear children, it was allowed, in order to a more
numerous posterity, to marry other wives in addition, which now is certainly not lawful."
(chapter 15, paragraph 17) Sermons from St. Augustine's letters were popular and influential. In
534 AD Roman Emperor Justinian criminalized all but monogamous man/woman sex within the
confines of marriage. The Codex Justinianus was the basis of European law for 1,000 years.

Several exceptions have existed for various Biblical figures, incestuous relationships such as
Abraham and Sarah, Nachor and Melcha, Lot and his Daughters, Amram and Jochabed and more

Christianity for the past several years has continued to insist on monogamy as an essential of
marriage.7

Condition for marriage

The condition required for marriage under the following condition

Nither party should have a husband or wife living at the time of marriage, neither party is odiot
or lunatic, the bridegroom have must complete the age of 21 and the bride must have the
complete the age at the time of marriage 18 year,the party are not within the prohibited
relationship, where the marriage is solemnized outside the territory to which the act applies,both
party should the citizen of or withen the territorial or domicial to which the act is apply.

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Conclusion and suggestion

first consider equality within communities’ between men and women rather than equality
between communities”.

Personal law is defined as a law that applies to a certain class or group of people or a particular person,
based on the religions, faith, and culture. In India, everyone belongs to different caste, religion and
have their own faith and belief. Their belief is decided by the sets of laws. And these laws are made by
considering different customs followed by that religion. Indians are following these laws since the
colonial period. There are so many personal laws in India like Hindu, Muslims and the Christain
community.

If there is any people who is not follow the personal law according to there custom, rirul and
ceremony then there super authority will be bound to take action against the people , even the
authority have power to exile the people from the country as well as announced punishment , so one
of the main reason to follow the rules and regulation. In India there is mixture of culture, custom,
ritual etc. our constitutions have given the power to the citizen to marriage inter caste because every
person is equall in the eyes of the law. but some time there is a conflict happen in India due to the inter
cast marriage. this social evil will be take time to eradicated from the India. Only one union territory
where the uniform civil code is run smoothly in goa. Where every man and women have the eqaual
right to do anything.In my personal view regarding the personal law in India…there should be
function in coming days, because every man think about the humanitarians not the custom and ritual.

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BIBLIOGRAPHY

Books:-

Family law in India by dr.t.v.subha rao/dr.vijendra kumar.

Family law by paras diwan.

Famil law 3rd edition by professor kusum.

Websites:-

https://www.toppr.com/guides/business-laws-cs/introduction-to-law/principle-sources-of-indian-law-
personal-law/

https://indianlawnews.wordpress.com/.../hindu-marriage-a-sacrament-or-contract-or-

https://kanoonirai.com › Legal advice online India kanoon

www.yourarticlelibrary.com/marriage/essay-on-hindu-marriage-a-sacrament/4373

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