Changing Dimension of Matrimonial Laws in India with Special Reference to Hindu Personal Law

Abstract

The ancient human society was a nomadic society. There was perhaps only a herd-instinct type marital relationship before the dawn of civilization. With the passage of time, the nomadic human beings evolved into an agricultural society and it was considered necessary to ascertain the paternity of children. So long as the sex relationship remained unregulated it was maternity alone, which could be known. Paternity could not be determined. It is logical to say that at some stage of human development the necessity arose for demarcating possession and ownership of material belongings as a natural consequence of human behavior and the human male was seized with the idea of knowing his children. This was not possible if sex promiscuity continued to be the rule. If sex relationship could be made an exclusive union of one man and one woman, only then it was possible to determine the paternity of children. newline Thus, it seems, in man s quest to know the paternity of children lie the seeds of the institution of marriage. Thus the concept of marriage-a sort of man-woman relationship as a responsible one-to-one unit of society-evolved a unique human family system. Its essential components were intercourse, procreation of children and living together with mutual obligations and responsibilities to the care of offspring. newline Alas, now a days, family is becoming just an individualistic conjugal family, not even aware of its roots. From times immemorial, Hindus have tried to idealize and sanctify the institution of marriage as no other civil society has done so far. Conjugal fidelity is regarded as the supreme virtue of a woman and it is this character that has protected the Hindu race and Hindu religion down the ages. newlinePurity of the soil and the seed-the sperm and the ovum-alone contributes to the purity of a race and it is with this end in view that so Much stress has been laid in our scriptures on the chastity and fidelity of women. Alas! this bedrock of human society.