KM.ADVIKA TANDON Vs. STATE OF U.P.

JUDGEMENT

(1.) (i) Significance of Marriage as Social Institution:- Marriage is an institution that admits man and woman to family life. It is a stable relationship in which a man and a woman are socially permitted to live together without losing their status in the community. Marriage is not merely concerned with the couple; rather it affects the whole society and future generations. The responsibilities it entrusts a couple with are thus both heavy and delicate. In Hindu view, marriage is not a concession to human weakness, but a means for spiritual growth. Man and woman are soul mates who, through the institution of marriage, can direct the energy associated with their individual instincts and passion into the progress of their souls. The institution of marriage is the central draft of all the forms of human society which are a part of civilization. Marriage is the deepest as well as the most complex of all human relations because it is a difficult task for two people to lead their life together when they have their independent thinking and way of living. In Indian life, role expectations are highly specific and institutional in marriage, thus a woman's role in family has remained multifarious. Marriage and family, as a set of institutions, also encompass formal and informal, objective and subjective aspects. Family is a fundamental building block of all human civilization. Marriage is the glue that holds it together. The health of culture, its citizens and their children is ultimately linked to the success of marriage.

(2.) Strong stable marriages are the best way to ensure that children become responsible members of society. Marriage improves the health and longevity of men and women; gives them access to more active and satisfactory married life, increases wealth and assets, boosts children's chances of success and enhances men's performance at work and their earning. When one gets rid of the institution altogether there are many harmful consequences. It is not just the marrying of two people together, but its success or failure equally affects society. When a family falls apart, it leaves a negative impact on the community because the children of such a family are more likely to be delinquents. On the contrary when a family is strong, the community is positively affected. Every child that goes out into the world from a stable happy home is a blessing to the community, and is able to make a contribution, rather than being a drain on the community.

(3.) Creation of male and female is not an accidental fact or afterthought but the very apex of God's creative activity. Even more it is the sexual pairing of male and female activity that is the pinnacle of the creative process. To deny the distinction of two sexes is to deny what is integral to God's ultimate creative act.