Model Answer
0 min readIntroduction
Marriage in India, traditionally viewed as a sacred and indissoluble union, has been a cornerstone of the social fabric for centuries. Rooted in religious and cultural practices, it extended beyond individual choice, encompassing familial and societal obligations. However, contemporary India is witnessing a shift in attitudes towards marriage and family structures. The increasing prevalence of live-in relationships, coupled with judicial interventions recognizing their legitimacy, challenges the conventional understanding of marital bonds. Recent Supreme Court judgments, like the one acknowledging the rights of women in live-in relationships (Shafina Banu v. Asokan K.M., 2020), have further fueled this debate, prompting a re-evaluation of the future of marriage and family in the country.
The Traditional Indian Family and Marriage System
Historically, the Indian family system has been predominantly patriarchal, patrilocal, and extended. Marriage was often arranged, serving as a mechanism for social control, economic stability, and continuation of lineage. The concept of *Sapinda* (blood relation) and *Gotra* (lineage) played a significant role in determining marital eligibility. The Hindu Marriage Act, 1955, while introducing reforms like allowing divorce and inter-caste marriages, largely maintained the sanctity of marriage as a lifelong commitment.
Judicial Intervention and Live-in Relationships
The increasing number of live-in relationships in urban India has prompted judicial scrutiny. Courts have grappled with questions of legal recognition, property rights, and the status of children born out of such unions. Key judicial pronouncements include:
- Badri Prasad v. Tylah (1978): The Supreme Court recognized live-in relationships as valid, provided they are voluntary and demonstrate a ‘marriage-like’ relationship.
- Shafina Banu v. Asokan K.M. (2020): The Supreme Court ruled that women in live-in relationships are entitled to maintenance under Section 125 of the Code of Criminal Procedure, 1973, similar to legally wedded wives, if they fulfill certain conditions like cohabitation for a ‘sufficiently long period’ and having children.
- Indrani Mukherjee v. Shyamal Ghosh (2023): The Supreme Court clarified that a live-in relationship is not automatically presumed to be a marriage, and the intention to marry is crucial for claiming marital rights.
These judgments, while providing some legal protection to women in live-in relationships, have also highlighted the ambiguities surrounding their legal status. The lack of a specific law governing live-in relationships creates challenges in areas like inheritance and succession.
Factors Influencing the Changing Landscape of Marriage and Family
Several socio-economic and cultural factors are contributing to the evolving nature of marriage and family in India:
- Economic Independence of Women: Increased access to education and employment opportunities has empowered women, enabling them to make independent choices regarding marriage and family.
- Changing Social Norms: Traditional values are gradually giving way to more individualistic and liberal attitudes, particularly among the younger generation.
- Urbanization and Migration: Migration to urban areas often leads to a breakdown of traditional family structures and a greater acceptance of diverse lifestyles.
- Delayed Marriage and Increased Divorce Rates: The age of marriage is increasing, and divorce rates, though still relatively low compared to Western countries, are on the rise. (National Family Health Survey-5, 2019-21, shows a slight increase in divorce rates in some states).
- Influence of Globalization and Western Culture: Exposure to global media and lifestyles has influenced attitudes towards marriage and relationships.
The Future of Marriage and Family in India
The future of marriage and family in India is likely to be characterized by greater diversity and fluidity. Several possible scenarios can be envisioned:
- Continued Coexistence of Traditional and Modern Forms: Traditional arranged marriages are likely to continue, particularly in rural areas, alongside a growing acceptance of love marriages and live-in relationships in urban centers.
- Rise of Alternative Family Structures: Single-parent families, same-sex couples, and blended families are likely to become more common.
- Need for Legal Reforms: There is a growing need for a comprehensive legal framework to address the rights and obligations of individuals in live-in relationships, as well as to provide legal recognition to diverse family structures. The Law Commission of India has, in the past, recommended legislation on live-in relationships.
- Emphasis on Individual Choice and Equality: Future marriages are likely to be based on greater equality and mutual respect, with individuals having more autonomy in decision-making.
However, it’s important to note that the pace of change will vary across different regions and communities in India. Deep-rooted cultural norms and social hierarchies will continue to influence family structures and marital practices.
| Traditional Marriage | Live-in Relationship | Potential Future Trends |
|---|---|---|
| Arranged, often within caste/community | Based on mutual consent and choice | Increased inter-caste/community marriages |
| Lifelong commitment, often viewed as sacred | Voluntary, with less societal pressure | Greater acceptance of divorce and separation |
| Emphasis on familial obligations | Emphasis on individual autonomy | Balance between individual and familial needs |
Conclusion
In conclusion, judicial interventions recognizing live-in relationships are indicative of a broader societal shift in attitudes towards marriage and family in India. While traditional forms of marriage are likely to persist, the increasing prevalence of alternative arrangements and the growing emphasis on individual choice suggest a future characterized by greater diversity and fluidity. Addressing the legal ambiguities surrounding live-in relationships and enacting comprehensive legislation to protect the rights of all individuals, regardless of their marital status, will be crucial for ensuring a just and equitable future for families in India.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.