Should We get married or remain unmarried? From a legal perspective

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Should we get married or remain unmarried? From a legal perspective.

The marriage that we refer to here is the sacred union that takes place naturally between a male and a female; a social institution that has evolved through ages; an eagerly awaited union between two lovers, who belong virtually to two opposite sexes, but certainly not a gay marriage that has been legalized by the Supreme Court of California in the recent past.

The gay marriage does not come within the purview of this article because, it is against nature; it is perverted and sensuous; still the exact relationship between the two married gays remains undefined; some people just call them as life partners; still the legal purpose of their marriage remains a mystery; many legal questions like what is the legal position of a gay, if his partner dies; whether they can adopt any child; even if the adoption is permitted, which gay is the father and which gay is the mother; what is the exact relationship between the gays and the adopted child ; whether the adopted child will tow the line of gay marriage of its adoptive parents etc are the questions that remains unanswered and unsolved.

Therefore, we confine our attention to the marriage that was naturally evolved through ages from the days of Adam and Eve.

When we become adult, especially in the case of a female when she attains puberty, we become physically eligible to get married. However, in India, legally, a male on attaining the age of 21 and a female on attaining the age of 18 are eligible to get married.

It is true that each male and female is naturally endowed with some special characteristics that make them qualify for a marriage. Once, the human society came to be governed and controlled by law, naturally marriage as a social institution also came under the purview of law.

If a couple gets married, their marriage gets a legal sanction provided that all other conditions of eligibility of a valid marriage are fulfilled. A marital bond unites the newly married couple. Their cohabitation becomes legal. The marriage is consummated. The married couple after their marriage has got some marital obligations and we can also call them as legal obligations, the noncompliance of which invites trouble to the couple.

Consequent to the marriage, a woman is under the marital obligation to fulfill the sexual urge or desire of her husband; to behave in the marital home befitting to her newly acquired marital status; to bear and deliver a child in the marital home, because the purpose of getting married is to beget offspring; to rear the children.

Whereas, after the marriage, the married husband has to fulfill and satisfy the sexual desire of his wife; the non-consummation of a marriage or the inability of a husband to have sexual intercourse with his wife in a natural way will entail legal action against him by his spouse. It may even be a valid ground for her to seek divorce from her husband.

Apart from the sexual life which is part and parcel of the marital life, there are certain other social, moral and economical obligations to the married couple.

Having tied with a marital bond with his or her spouse, both of them should confine their sexual relationship within their marital bond. Any extra marital relationship developed by any spouse with any person other than his or her spouse will result in adultery and it may be a valid ground for seeking divorce from his or her spouse.

After getting married it is the duty and marital obligation of a husband to provide the requisite means for running a family and the noncompliance of such obligation will result in legal action preferred either by his wife or children.

Another unique feature or result of the marital bond or marriage is the legal effect caused by the death of either spouse. If the husband dies, naturally his wife and children become his legal heirs and they are legitimately entitled to get a share in the movable and immovable properties left by the deceased husband. Similarly, if the wife dies, her husband and her children became her legal heirs.

If a man and woman cohabit together without getting married, their relationship is illegal and immoral and their children are called illegitimate children.

Therefore, when we get married though the legal tentacles spread in our life far and wide, the benefits we stand to gain as married persons far outweigh the benefits we gain when we remain unmarried.


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