MARRIAGE

CHAIR PERSON - Ms. PRIYA PRESENTER -D.ARCHANAA

DEFINITION
Marriage is one of the most important events of life affecting social status as well as the psyche of an individual. It not only serves to satisfy the fundamental biological need of sexual gratification through a socially acceptable way but also helps the individual to achieve a higher level of personality maturation.

 The more or less durable connection between male and female lasting beyond the mere act of propagation till after the birth of offspring Contract for the production & maintenance of children Marriage is a relatively permanent bond between permissible mates

IMPORTANCE OF MARRIAGE
REGULATION OF SEXUAL LIFE ESTABLISHMENT OF FAMILY ECONOMIC COOPERATION EMOTIONAL & INTELLECTUAL INTERSTIMULATION OF PARTNERS SOCIAL SOLIDARITY

FORMS OF MARRIAGE
MONOGAMY POLYGAMY Sororal & Non sororal POLYANDRY Levirate & Non fraternal GROUP MARRIAGE ENDOGAMY EXOGAMY

MARRIAGES IN INDIA
THE HINDU MARRIAGE Marriage is sacred , it is of great individual & social significance, it is socially approved union of man & women aiming procreation , pleasure & observance of certain social obligations

HINDU MARRIAGE
AIMS Dharma , praja & rati

IMPORTANT RITES : Vagdana ( oral promise) Homa Kanyadana Panigrahana Mangalaya dharana Saptapadi

CHRISTIAN MARRIAGE
As christianity grew in influence it made numerous changes to the institution of marriage There are two views : One view supports marriage as an institution of theological significance . Strictly monogamous THE other view emphasised on virginity & sexual abstinence. Celibacy was ideal but marriage was a compromise for those who couldnt live upto it.

CHRISTIAN MARRIAGE
Marriage became a church affair in the 12th century The church began to place notices , inviting anyone with legitimate reasons as to why that marriage cannot be performed In recent days pre marital classes are taken for the couple Marriage is performed by a priest who declares them husband and wife after exchange of rings

MUSLIM MARRIAGES IN INDIA

Marriage is a civil contract for the purpose of legalising sexual intercourse and procreation of children. It is also a religious duty PRECONDITIONS : Marriage proposal & acceptance ( Ijab & Qubul) Capacity of a person to contract marriage Observation of doctrine of equality Preference system in male selection SAHI NIKAH

MUSLIM MARRIAGE
INVALID MARRIAGE : ( BATIL ) Polygamy Marriage within circle of close relatives Marriage with idolators With people of premature age & unsound mind Sisters becoming co wives Marriaging women during IDDAT period

MUSLIM MARRIAGE
Divorse in the muslim marriage can occur without the intervention of court : Khula & Mubarat TALAQ Talaq e Ahsan Talaq e hasan Talaq ul Bidat

CHANGING TRENDS
Aim & purpose of marriage Process of mate selection Age of marriage Stability of marriage Economic aspect of marriage Influence of industrialisation Impact of urbanisation Role of education Increase in instances of divorce

MARRIAGE & MENTAL ILLNESS

Marriage may be stressful for vulnerable people, which may lead to the development of mental health problems. The interplay between marriage and mental health problems is complex. Major mental health disorders may be the cause or Effect of marital disharmony. Divorce-seeking couples have a high psychiatric morbidity in comparison to well adjusted couples with more neurotic traits. The personality factors of divorce-seeking couples also differ from those of couples in stable marriages.

SCHIZOPHRENIA & MARRIAGE

Marital status is significantly associated with first admission rates, age of onset, course and outcome of schizophrenia. Single males appear to be over represented in schizophrenia samples. Statistical analysis of the WHO data, in which confounding factors such as age, premorbid personality traits, and family history were controlled, found that married men experienced a statistically significant delay (1- 2 years) in the onset of psychotic symptoms compared with single men .

SCHIZO
In a 10-year follow up study, Thara and Srinivasan found that 'marital outcome in Indian patients is good with no significant gender differences'. The high marital rate (about 70% being married before the onset of the illness), presence of children, a shorter duration of illness at inclusion and the presence of auditory hallucinations at intake were all associated with a good marital outcome. Being unemployed, experiencing a drop in socioeconomic level and the presence of flat affect and selfneglect for 10 years were all associated with a poor marital outcome

For most women in India, marriage is a onetime event in life, which is glorified and sanctified and is associated with much social approval. It is also the ultimate fulfilment for most women. If this is endangered or broken by mental illness such as schizophrenia, the lives of these women are shattered beyond repair. After separation, almost all these women live with their parents, many of whom are aged.

Stigma of being separated/divorced in turn was more

acutely felt by families and patients than that of mental illness per se. Caregiver of these separated/ divorced/ deserted women suffer much more than the patients themselves

SCHIZO
Patients with schizophrenia are more likely to remain single and unmarried than patients in other diagnostic groups ,particularly male patients Low rates of fertility and reproduction among patients with Schizophrenia. This finding can probably be explained by several factors including lack of interest in social relations, general apathy, loss of sex drive, and lack of opportunity for a sexual relationship due to hospitalization and institutionalization.

MARRIAGE & DEPRESSION

Married men have the lowest rate of depression

Separated or divorced men have the highest rate of major depression.

In women, the association is slightly less clear, but in the Epidemiologic Catchment Area (ECA) study, the same findings applied to women as well as men .

MARRIAGE & ALCOHOLISM

Marital and family tension is virtually inevitable in families with heavy drinkers. 50-60% of domestic violence is due to alcoholism.

Alcohol addiction destroys all that is dear to the spouse, including family life, sexual relationship, economic resources, well-being of the children and status within the community.

Divorse rate is very high among heavy drinkers

SUICIDE RATE
The suicide rate is 11 per 100,000 for married persons, double this rate is registered for those never married/ single 24 per 100,000 among widowed and 40 per 100,000 among those who are divorced, with divorced men registering 69 suicides per 100,000 compared to 18 per 100,000 among divorced women.

INDIAN LEGISLATION ACTS

The following Acts have a bearing on the legal aspects of marriage: 1. The Special Marriage Act, 1954 2. The Hindu Marriage Act, 1955 with amendment in 1976 3. The Dissolution of Muslim Marriage Act, 1939 4. The Parsi Marriage and Divorce Act, 1936 5. The Christian Marriage Act, 1872 6. The Indian Divorce Act, 1869 7. The Family Courts Act, 1984 8. Domestic violence Act, 2005

THE SPECIAL MARRIAGE ACT - 1954

The Special Marriage Act is meant for any person in India and Indian nationals abroad, irrespective of the faith that the individual may profess. A marriage solemnized in any other form can be registered under this Act. The act provides that neither party: i) is incapable of giving a valid consent to it as a consequence of unsoundness of mind;or (ii) though capable of giving valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children, or (iii) has been subject to recurrent attacks of insanity.

THE SPECIAL MARRIAGE ACT - 1954

The condition of mental soundness for marriage does not mean that the person to be married must possess a high intelligence quotient. It only requires that he should understand the special nature of the relationship that marriage creates

According to the Marriage Laws (Amendment) Act, 1976, recurrent epilepsy was also a disqualification for marriage. Now that has been removed by the Marriage Laws (Amendment) Act with effect from December 1999

THE SPECIAL MARRIAGE ACT - 1954

GROUNDS FOR DIVORCE :
(a) The expression of mental disorder means mental illness, arrested or incomplete development of the mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia. (b) The expression 'psychopathic disorder' means a persistent disorder or disability of the mind (whether or not including sub normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the respondent and whether or not it requires or is susceptible to medical treatment

THE HINDU MARRIAGE ACT - 1955

A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled: (i) neither party has a spouse living at the time of marriage; (ii) at the time of marriage neither party (a) is incapable of giving valid consent in consequence of unsoundness of mind, or (b) though capable of giving valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children, or (c) has been subject to recurrent attacks of insanity (the words 'or epilepsy' were omitted by act 39 of 1999, section 2)

THE HINDU MARRIAGE ACT - 1955

(iii)

the bridegroom has completed 21 years and the bride has completed 18 years at the time of marriage; (iv) the parties are not within the degree of prohibited relationships; (v) the parties are not sapindas of each other unless the custom or usage governing each of them permits of a marriage between the two.

THE HINDU MARRIAGE ACT - 1955

GROUNDS FOR SEPARATION :
(i)

that the respondent has been incurably of unsound mind,

or (ii) has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the Respondent

MUSLIM LAWS OF MARRIAGE

Under the Muslim marriage law, lunatics or persons of unsound mind and minors who have not attained puberty may be validly contracted into marriage by their respective guardians. A Muslim marriage can be dissolved by divorce by the parties without recourse to the court and on certain grounds by recourse to the court. The law as ordained by the Holy Quran is that talaq must be for a reasonable cause and that it must be preceded by an attempt at reconciliation between the husband and the wife by two arbiters.

According to the Muslim Marriage Act, 1939, a woman married under the Muslim law shall be entitled to obtain a decree for the dissolution of her marriage (based on mental health issues) on the following grounds: 1.That the husband has been insane for a period of 2 years.

2. That the husband was impotent at the time of marriage and continues to be so. Inability of the husband to consummate the marriage is one pattern of impotence

PARSI MARRIAGE & DIVORCE ACT

Unsoundness of mind is not a ground for annulment of marriage. Divorce shall not be granted on the grounds of unsoundness of mind, unless the plaintiff, (i) was ignorant of the fact at the time of the marriage, and (ii) has filed the suit within three years from the date of the marriage. (iii)That the defendant has been incurably of unsound mind for a period of two years or upwards immediately preceding the filing of the suit

CHRISTIAN LAW OF MARRIAGE & DIVORSE

Unsoundness of mind is a ground for divorce on two conditions-that is, It must be incurable and It must be for at least two years immediately before the filing of the petition. The Christian wife has some exclusive grounds for divorce: The three exclusive grounds for divorce that a wife can file are (i) rape, (ii) sodomy, and (iii) bestiality. Dissolution of marriage by mutual consent in now possible

NULLITY OF MARRIAGE
The conditions prevailing at the time of marriage decide its validity. Nullity of marriage means that the marriage is held null or void. In other words, a valid marriage did not take place at all. Divorce means that the marriage was a valid one, but the relationship cannot be continued. Following the decree of divorce, the individual becomes eligible for remarriage

NULLITY OF MARRIAGE
GROUNDS FOR NULLITY OF MARRIAGE IMPOTENCY LACK OF MENTAL CAPACITY BIGAMY PARTY WAS UNDER AGE FORCE OR FRAUD

ROLE OF PSYCHIATRISTS
A certificate given by the psychiatrist is only a statement of opinion, and it attains the status of evidence only when its author undergoes cross examination. That Intention of law is to prevent the fracture of a family. If a hard decision is inevitable it will be on a specific ground.

Mental disorder is grounds for judicial separation -to be understood as lack of a state of mind or capacity to understand one's affairs or marital obligations.

The expression 'mental disorder' means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia The medical evidence regarding the requisite degree of mental disorder is relevant, though not conclusive for divorce.

The burden of proving the insanity of the respondent rests on the petitioner.
It is the responsibility of the psychiatrist to keep the documents sound.

THANK U