Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi & Approved by Bar Council of India)
E-NOTES
Class : BA.LL.B/BBA.LL.B III Semester
Paper Code : LLB 201
Subject : Family Law- I
UNIT-I
Introduction
The ancient human society was nomadic society. There was only perhaps a herd- instinct type of
marital relationship before the dawn of civilization .With the passage of time, the nomadic
human beings evolved into an agricultural society. Then, it was essential to know or ascertain the
paternity of the children. So as long as the sex relationship remained unregulated It was eternity
alone which could be know, paternity remained unregulated. It is logical to say that at some stage
of human development the necessity arouse for demarcating human possession and ownership of
material belongings as a natural consequence of human and the males seized to the idea of
knowing their children. This was not possible if the proximity continues to be the rule. If sex
relationship could be made exclusive union of man and women only then it was possible to
define the paternity. Thus, it seems the man’s quest to know the paternity of children lie the seed
of institution of marriage. The concept of marriage – a sort of man women relationship, a
responsible union of one to one in a society evolved a unique family system. It is essential
components were living together, procreation of children and intercourse .Mutual obligations and
responsibility to care the off springs. Family identity with each member knowing his or her roots
the institution of marriage gives respectability to women, enhances their personal happiness and
welfare, and provides family support and companionship. Conjugal fidelity was supremely
practiced in a sacramental form. Whereas, in Muslim, Parsi, Jew marriage is considered as a
1
, Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi & Approved by Bar Council of India)
contract more than a sacramental bond. It is a contract made for continuing of generations,
giving birth and rearing the children.
Types of Marriage
Polygyny
Polygyny is a form of marriage in which one man marries more than one woman at a given time.
It was in practice in most of the ancient civilizations. It prevailed among the ancient Hebrews,
Assyrians, Babylonians, Indians and others. At present, it is widespread among primitive tribes
but usually it is confined to the wealthier class. It is in practice among the Eskimo tribes, Crow
Indians, African Negroes, the Nagas, Gonds and Baigas of India. However, it is permitted in the
Muslim community.
Types of Polygyny
It is of two types namely:
• Sororal Polygyny: It is a type in which the wives are invariably the sisters. It is often called
‘sororate’. The Latin word ‘Soror’ stands for sister. When several sisters are simultaneously or
potentially the spouses of the same man, the practice is called the sororate.
• Non- Sororal Polygyny: As the term suggests, it is a type of marriage in which the spouses are
not related as sisters.
Causes of Polygyny
Sociologists and anthropologists have made several studies to find out the causes of Polygyny.
Some of the factors mentioned by them are: Enforced Celibacy: Men do not approach the women
during the period of pregnancy and while the child is being breastfed. Due to this long period of
celibacy, a second marriage was contracted. Earlier aging of the female: In the uncivilized tribes
men remarried a number of times because the women aged earlier. Women as badges of
2
, Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi & Approved by Bar Council of India)
distinction: Among some tribal’s, a man’s social status is often measured in the terms of number
of wives, greater the number greater the prestige.
• Taste of variety: Men go after several women for they have a taste for variety
• Constancy of sex urge in man: Unlike the woman, man is susceptible to sex stimulation
throughout the year. Polygyny provides him an opportunity to enjoy sex life throughout the year.
On account of the greater harmful effects of polygyny on family life, polygyny has been declared
illegal in the civilized societies. The Indian government has declared polygyny an offence under
Hindu Marriage Act, 1955.
Polyandry
Polyandry is the form of marriage in which a woman marries more than one man at a given time.
It is practiced among the Tibetans, Marquesan Islanders of Polynesia, the Bahama of Africa, the
tribal’s of Samoa and others. In India, the tribe’s such as Tiyan, the Toda, the kota, the Khasa
and Ladhaki Bota also practice polyandry. The Nairs of Kerala were polyandrous previously. It
is however relatively a rare type of marriage and is generally an improvised adjustment to certain
peculiar and extreme conditions.
Types of polyandry
Polyandry may take two forms namely:
• Fraternal Polyandry: In this form one wife is regarded as the wife of brothers who have
sexual relations with her. It is also known as adelphic polyandry. The children are treated as the
offspring of the elder brother. This practice of being mate, actual or potential, to one’s husband’s
brother is called “levirate.” It is prevalent among the Todas.
• Non-fraternal polyandry: In this type, the husbands need not have any close relationship prior
to marriage. The wife goes to spend some time with each husband. So long as a woman lives
with one of her husbands, the others have no claims over her. Nair polyandry was one of these
3
&
School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi & Approved by Bar Council of India)
E-NOTES
Class : BA.LL.B/BBA.LL.B III Semester
Paper Code : LLB 201
Subject : Family Law- I
UNIT-I
Introduction
The ancient human society was nomadic society. There was only perhaps a herd- instinct type of
marital relationship before the dawn of civilization .With the passage of time, the nomadic
human beings evolved into an agricultural society. Then, it was essential to know or ascertain the
paternity of the children. So as long as the sex relationship remained unregulated It was eternity
alone which could be know, paternity remained unregulated. It is logical to say that at some stage
of human development the necessity arouse for demarcating human possession and ownership of
material belongings as a natural consequence of human and the males seized to the idea of
knowing their children. This was not possible if the proximity continues to be the rule. If sex
relationship could be made exclusive union of man and women only then it was possible to
define the paternity. Thus, it seems the man’s quest to know the paternity of children lie the seed
of institution of marriage. The concept of marriage – a sort of man women relationship, a
responsible union of one to one in a society evolved a unique family system. It is essential
components were living together, procreation of children and intercourse .Mutual obligations and
responsibility to care the off springs. Family identity with each member knowing his or her roots
the institution of marriage gives respectability to women, enhances their personal happiness and
welfare, and provides family support and companionship. Conjugal fidelity was supremely
practiced in a sacramental form. Whereas, in Muslim, Parsi, Jew marriage is considered as a
1
, Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi & Approved by Bar Council of India)
contract more than a sacramental bond. It is a contract made for continuing of generations,
giving birth and rearing the children.
Types of Marriage
Polygyny
Polygyny is a form of marriage in which one man marries more than one woman at a given time.
It was in practice in most of the ancient civilizations. It prevailed among the ancient Hebrews,
Assyrians, Babylonians, Indians and others. At present, it is widespread among primitive tribes
but usually it is confined to the wealthier class. It is in practice among the Eskimo tribes, Crow
Indians, African Negroes, the Nagas, Gonds and Baigas of India. However, it is permitted in the
Muslim community.
Types of Polygyny
It is of two types namely:
• Sororal Polygyny: It is a type in which the wives are invariably the sisters. It is often called
‘sororate’. The Latin word ‘Soror’ stands for sister. When several sisters are simultaneously or
potentially the spouses of the same man, the practice is called the sororate.
• Non- Sororal Polygyny: As the term suggests, it is a type of marriage in which the spouses are
not related as sisters.
Causes of Polygyny
Sociologists and anthropologists have made several studies to find out the causes of Polygyny.
Some of the factors mentioned by them are: Enforced Celibacy: Men do not approach the women
during the period of pregnancy and while the child is being breastfed. Due to this long period of
celibacy, a second marriage was contracted. Earlier aging of the female: In the uncivilized tribes
men remarried a number of times because the women aged earlier. Women as badges of
2
, Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi & Approved by Bar Council of India)
distinction: Among some tribal’s, a man’s social status is often measured in the terms of number
of wives, greater the number greater the prestige.
• Taste of variety: Men go after several women for they have a taste for variety
• Constancy of sex urge in man: Unlike the woman, man is susceptible to sex stimulation
throughout the year. Polygyny provides him an opportunity to enjoy sex life throughout the year.
On account of the greater harmful effects of polygyny on family life, polygyny has been declared
illegal in the civilized societies. The Indian government has declared polygyny an offence under
Hindu Marriage Act, 1955.
Polyandry
Polyandry is the form of marriage in which a woman marries more than one man at a given time.
It is practiced among the Tibetans, Marquesan Islanders of Polynesia, the Bahama of Africa, the
tribal’s of Samoa and others. In India, the tribe’s such as Tiyan, the Toda, the kota, the Khasa
and Ladhaki Bota also practice polyandry. The Nairs of Kerala were polyandrous previously. It
is however relatively a rare type of marriage and is generally an improvised adjustment to certain
peculiar and extreme conditions.
Types of polyandry
Polyandry may take two forms namely:
• Fraternal Polyandry: In this form one wife is regarded as the wife of brothers who have
sexual relations with her. It is also known as adelphic polyandry. The children are treated as the
offspring of the elder brother. This practice of being mate, actual or potential, to one’s husband’s
brother is called “levirate.” It is prevalent among the Todas.
• Non-fraternal polyandry: In this type, the husbands need not have any close relationship prior
to marriage. The wife goes to spend some time with each husband. So long as a woman lives
with one of her husbands, the others have no claims over her. Nair polyandry was one of these
3
