Marriage as an institution is very old and popular in most parts of the world.

Marriage is very
well accepted and supported by the society as it involves many religious rituals which
strengthen the family system. It leads to sustain a longer relationship unless and until it is
annulled either by the husband or the wife. The institution of a marriage is an oldest social
institution and provides a foundation on which whole super structure of civilization and
prosperity is built. It is an unconditional sacrament in which husband and wife are submissive
to each other. Marriage is defined as the "legal status, condition, or relation of one man and
one woman united in law for life, or until divorced, for the discharge to each other and the
community of the duties legally incumbent on those whose association is founded on the
distinction of sex."1

But in the present milieu the meaning of this relationship has changed drastically. Marriage
(besides blood relationships) is not the only relationship that exists between men and women.
Such other relationships between men and women can be beautiful, complex and difficult.
What view society forms about a particular relationship is generally reflected in its laws. Law
has been playing vital role in social change. Society is constituted of individuals. Law and
society try to regulate the conduct of an individual.

The institution of marriage being foundation of the interest of the society is well protected by
keeping the foundation of institution of marriage strong. Since the matter relating to marriage
falls within the purview of personal law, each religion in India is having its own law relating
to marriage along with other family matters. As we are observing changing living patterns in
the society, law has to respond properly keeping in view the societal and constitutional values
in its mind. India has strong cultural roots that focus purely on morality and social ethics. But
things are changing now. The definition of marriage given under different personal laws does
not carry that much influence in the eyes of young generation, as a new concept called Same
Sex Marriage has been introduced in the society by them.

Human society is a dynamic, ever changing and ongoing entity. Individuals who are members
of the society may come and go but society is permanent. Human society is social system in
which people are united by shared or reciprocal relations into corporate entities defined by
social, culture and geo-graphical boundaries. They come in existence the product of many
forces, human needs, self-interest and desires, mutual agreement, aids and other. Thus human

1
Black’s Law Dictionary (9th ed. 2009), available at Westlaw BLACKS
society is a web of social relationship is marriage. Marriage is socially supported union
involving two or more individuals in what is regarded as a stable, enduring arrangements
based at least in part on a sexual bond of some bind. Depending on the society marriage may
require religious or civil sanction, although some couples may come to be considered married
simply by living together for a period of time. Through marriage ceremonies, rules and roles
may differ from one society to another, marriage is considered a cultural universal, which
means that it is present as a social institute in all cultures2.

All these changes are having serious ramification on the institution of marriage and try to
change the customary concept of marriage. Hence, it would be abomination to hold such
relationship in par with marriage and every effort should be made to see that recognition of
such unions should not cause unnecessary upheaval in the set societal norms.

2
S.R.Myneni “Sociology, Part-2, Allahabad Law Agency, First Edition 2008, Reprint 2010, 2012, p. 98