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Unit 3: Marriage


          Analyzing the nature and level of marital adjustment, we may point out five types of marital  Notes
          relationships, following Cuber and Harroff (cf. Leslie, 1982: 462-463). These are:
          1. Conflict-habituated Relationships
             In this, there is much conflict between husband and wife, although largely controlled. At worst,
             there is some quarreling and nagging of which the members of immediate family or friends or
             relatives have some awareness. But in the presence of others, the couple is discreet and polite.
          2. Devitalized Relationships
             In this, the relationship between husband and wife is devoid of zest. There is typically no serious
             conflict but the interplay between the pair is lifeless and devoid of vital meaning. There is, however,
             no serious threat to marriage.
          3. Passive Congenial Relationships
             In this, there is little suggestion of disillusionment and the modes of association between husband
             and wife are comfortably adequate. There is little conflict and the couple enjoys many common
             interests. Partners remain passively content with marriage.
          4. Vital Relationships
             In this, the importance of any one aspect of marital relationship is shared by husband and wife
             and other things are readily sacrificed to it.
          5. Total Relationships
             In this, the multi-faceted relationship is shared by the two partners. Though this type of relationship
             is rare in marriage but it does exist.
          Changes in Marriage System

          The changes in the marriage system of Hindus may be analyzed in seven areas: (i) change in the
          object of marriage, that is, from dharma as the chief object to companionship as the main object, (ii)
          change in the form of marriage, that is, from plurality of partners or polygamy to one partner or
          monogamy, (iii) change in the process of mate selection, that is, change in the field of selection
          (permissibility of inter-caste marriages), change in party to selection (that is, from parental selection
          to joint and individual selection) and change in criteria of selection (that is, change in family and
          individual considerations), (iv) change in the age for marriage that is, from pre-puberty to post-
          puberty marriage, (v) change in the stability of marriage, that is, introducing divorce in Hindu society,
          (vi) change in the economic aspect of marriage, that is, in the dowry system, and (vii) widow
          remarriage. Of these, changes in three areas (in object, form, and mate selection) have been discussed
          in this chapter (in the preceding pages), while changes in four areas (in age at marriage, divorce,
          dowry, and inter-caste marriage) have been discussed in eighth, ninth, tenth and eleventh chapters
          of this book.
          Marriage Legislation

          In March 1961, when the bill on unequal marriages was being discussed in the Rajya Sabha, one
          member quoted epics against interference with the institution of Hindu marriage. Dr. Radhakrishnan,
          the then chairman of the Rajya Sabha, had remarked: “The ancient history cannot solve the problems
          of modern society.” This is an answer in one sentence to those critics who want to maintain a gap
          between social opinion and social legislation. Legislation must meet the social needs of the people;
          and because the social needs change, legislation also must change from time to time. The function of
          social legislation is to adjust the legal system continually to a society which is constantly outgrowing
          that system. The gulf between the current needs of the society and the old laws must be bridged. The
          law has got to give recognition to certain de facto changes in society.
          One of the changes in modern India is the change in the attitude towards marriage; hence the necessity
          of laws on different aspects of marriage.
          The laws enacted in India relate to: (i) age at marriage, (ii) field of mate selection, (iii) number of
          spouses in marriage, (iv) breaking of marriage, (v) dowry to be given and taken, and (vi) remarriage.



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