Legislation and changes in family and marriage (contd.

Dowry Prohibition Act 1961.

 It permits exchange of gifts for not more than Rs.2000/

 It prescribes the penalty of 6 months imprisonment or a fine up to Rs. 5000/- or both.
 The act got amended in 1986 and thereafter its rules became still more severe.
 It does not apply to Muslims.

Child Marriage Restraint Act 1929.

 According to this Act boys under 18 years of age, girls under 14 years of age, if get
married is an offence
 Later the Act was amended in 1978 to 21 years of age for boys and 18 years of age for
girls.
 Violation of the Act prescribes penalty of 3 month imprisonment and Rs.1000/- fine.

The Hindu Adoption and Maintenance Act 1956.

 It provides provision for childless women the right to adopt a child.

 To claim maintenance from the husband is she is divorced.

Medical Terminal of Pregnancy Act 1971.

 Legalizes abortion conceding the right of a woman to undergo abortion on the ground of
physical and mental health.

Family Court Act 1984.

 Provides justice to women who get involved in family disputes.

Marriage

Introduction:

 Marriage is an institution which admits men and women to family life.

 It is a stable relationship in which a man and a woman are socially permitted to have
children implying the right to sexual relations.
 Marriage is a ritual enjoined the husband to regard his wife as a god-given gift.

Definition of Marriage

 Malinowski – “Marriage as a contract for the production and maintenance of children”.

 Horton and Hunt – “Marriage is the approved social pattern whereby two or more
persons establish a family”.
Forms of Marriage

1. One wife, many husbands: Polyandry.

a) Fraternal polyandry
b) Non Fraternal polyandry
2. One husband many wives: Polygyny.
a) Sororal polygyny
b) Non Sororal polygyny
3. One husband and one wife: Monogamy
4. Companionate marriage
5. Experimental marriage

1. Polyandry:

It is a form of marriage whereas one woman marries more than one man at a given time.

This form of marriage is further divided into two as :

a) Fraternal polyandry and

b) Non-fraternal polyandry.
a) Fraternal Polyandry: It is a form of marriage whereas one woman marries more than one
man at a given time those who are related as brothers by birth. The children are treated as the
offspring of the eldest brother.
b) Non-fraternal Polyandry: It is a form of marriage whereas one woman marries more than
one man at a given time those who are not related as brothers by birth.

2. Polygyny: It is a form of marriage in which one man marries more than one woman at a
given time. This form of marriage is divided into two.
a) Sororal Polygyny: It is a form of marriage wherein one man marries more than one
woman at a given time those are related as sisters by birth.
b) Non-Sororal Polygyny: It is a form of marriage wherein one man marries more than
one woman at a given time those are not related as sisters by birth.

3. Monogamy:
 It is a form of marriage wherein one man marries one woman at a time.
 This is the leading form of marriage.
 Its advantages are now well recognized.
 It produces the highest types of affection and sincere devotion.
  Affection between parents, between parents and children and between children
themselves is more wholesome under this monogamy.

4. Companionate Marriage:
 The marriage of two persons on the understanding that as long as there are no children.
 The marriage may be dissolved simply by mutual consent.

5. Experimental Marriage:
 In this form of marriage a man and a woman may be allowed to lead marital life
temporarily in order to find out if they can settle down permanently in matrimonial
relations.
 If they find that they have well-matched personality: they may enter into permanent
marriage relations; otherwise depart from each other.

Functions of Marriage

 Regulation sex life and sex relations of the individual.

 Establishes family formation.
 Marriage insists the couple to establish family by procreation.
 Provides economic co-operation.
 Marriage develops intense love and affection towards each other.
 Its help intellectual co-operation among them.
 Minimizes the social distance between groups.