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It has been long regarded as the reason for society's continuance on one hand and its building block on the other. Marriage in India has always been dominated by the cultural and religious beliefs and before any codification was made, the rules governing marriage and family were largely customary, often rooted in the religious practices.
Even when we got independence and the family laws were reformed, it left room for customary practices to co-exist. Example- Section 5(iv), Section 5(v) and Section 7 of the Hindu Marriage Act, 1955 save the customary practices by not allowing marriages in certain prohibited degrees of relationships and also makes the performance of religious ceremonies and rites essential for valid solemnization of marriage.
The legal regulation of marriage thus involves the regulation of the solemnization of the ceremonies of marriage, the concept of monogamy, qualifying age for marriage and the conditions for a valid marriage.
However, in the last couple of years India has witnessed a family law revolution that aims to fundamentally change our very conception of the term 'family'.
In the recently pronounced judgment titled Supriyo @ Supriya Chakraborty and another vs. Union of India 2023 INSC 920, the then learned Chief Justice of India D.Y. Chandrachud in the said case opined "It is insufficient if persons have the ability and freedom to form relationships unregulated by the State. For the full enjoyment of such relationships, it is necessary that the State accord recognition to such relationships. Thus, the right to enter into a union includes the right to associate with a partner of one's choice, according recognition to the association and ensuring that there is no denial of access to basic goods and services is crucial to achieve the goal of self-development."
This story is from the January 29, 2025 edition of The Daily Guardian.
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This story is from the January 29, 2025 edition of The Daily Guardian.
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