Definition
of marriage:
“The legal union of a man and woman as husband
and wife.” The definition of marriage can be looked at from a legal
perspective.
“The state of being united to a person of the
opposite sex as husband or wife in a legal, consensual, and contractual relationship
recognized and sanctioned by and dissolvable only by law.”
Legally, marriage is a binding contract
between the two parties that joins together their possessions, income, and
lives.
Marriage
Under Personal Law
Marriage,
according to the Hindu Law,
Marriage
is a body for the performance of religious duties. It is deemed as a holy union
in Hindu Law.
It
is also considered to be an union of flesh and flesh and blood and blood. It is
a religious sacrament and not a civil contract.
Marriage,
according to the Muslim law:
Quran
states “every person must marry”.
Quran
asserts that marriage is the only way to satisfy one’s desire. Marriage (Nikah)
is defined to be a contract which has for its object the procreation and the
legalizing of children
Article
16 Universal Declaration of Human Right
States
Parties shall take all appropriate measures to eliminate discrimination against
women in all matters relating to marriage and family relations and in
particular shall ensure, on a basis of equality of men and women:
(a)
The same right to enter into marriage;
(b)
The same right freely to choose a spouse and to enter into marriage only with
their free and full consent;
(c)
The same rights and responsibilities during marriage and at its dissolution;
(d) The same rights and responsibilities as parents, irrespective of their
marital status, in matters relating to their children; in all cases the
interests of the children shall be paramount; (e) The same rights to decide
freely and responsibly on the number and spacing of their children and to have
access to the information, education and means to enable them to exercise these
rights; (f) The same rights and responsibilities with regard to guardianship,
warship, trusteeship and adoption of children, or similar institutions where
these concepts exist in national legislation; in all cases the interests of the
children shall be paramount
(g)
The same personal rights as husband and wife, including the right to choose a
family name, a profession and an occupation;
(h)
The same rights for both spouses in respect of the ownership, acquisition,
management, administration, enjoyment and disposition of property, whether free
of charge or for a valuable consideration.
Article
23 of the International Covenant on Civil and Political Rights 1966:
(a)
The family is the natural and fundamental group unit of society and is entitled
to protection by society and the State.
(b)
The right of men and women of marriageable age to marry and to found a family
shall be recognized.
(c)
No marriage shall be entered into without the free and full consent of the
intending spouses.
(d)
States Parties to the present Covenant shall take appropriate steps to ensure
equality of rights and responsibilities of spouses as to marriage, during marriage
and at its dissolution. In the case of dissolution, provision shall be made for
the necessary protection of any children.
Article
10 of the International Covenant on Economic, Social and Cultural Rights 1966:
The
States Parties to the present Covenant recognize that:
The
widest possible protection and assistance should be accorded to the family,
which is the natural and fundamental group unit of society, particularly for
its establishment and while it is responsible for the care and education of dependent
children. Marriage must be entered into with the free consent of the intending
spouses.
The
European Convention on Human Rights:
The
ECHR states that all men and women, who have reached the age at which they can
legally marry, have the right to get married and to start a family.
The
European Convention on Human Rights (ECHR) sets out a list of fundamental
rights and freedoms which are believed to be common to all people. The ECHR
lists these rights in numbered' Articles'.
Article
8 of the ECHR concerns an individual’s right to respect for their private and
family life.
Article
12: Right to marriage
Men
and women of marriageable age shall have the right to marry and to found a
family, according to national laws governing the exercise of this right.