The concept of marriage

The concept of marriage:

In 'Lindo v. Ballisario', (1795) 1 Hag Con 216 at pp. 230, 231 and 232, (A) Sir William Scot J. summarised the legal conception of marriage as he understood it in these words:

"The opinions which have divided the world, or writers at least, on this subject, are generally, two. It is held by some persons that marriage is a contract merely civil, by others, that it is a sacred, religious, and spiritual contract, and only to be so considered. 

The jurisdiction of the Ecclesiastical court was found on ideas of this last described nature; but in a more correct view of the subject, I conceive that neither of these opinions is perfectly accurate. 

According to juster notions of the nature of the marriage contract, it is not merely either a civil or a religious contract; and, at the present time, it is not to be considered as originally and simply one or the other. It is a contract according to the law of nature, antecedent to civil institution, and which may take place to all intents, and purposes wherever two persons of different sexes engage, by mutual contracts, to live together ............ it cannot be a mere casual and temporary commerce, but must be a contract at least extending to such purposes of a more permanent nature, in the intention of the parties.

The contract, thus formed in the state of nature, is adopted as a contract of the greatest importance in civil institutions, and it is charged with a vast variety of obligations merely civil. Bights of property are attached to it on very different principles in different countries ............ In most countries it is also clothed with religious rites, even in rude societies, as well as in those which are more distinguished for their civil and religious institutions."

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