We have discussed importance of the family in the evolution of the State. In the continuance of the State family is its hope and the cradle of civilisation.
The right to family is the most elementary right and it implies the right to marriage, the right against others in maintaining the purity of marriage relations, the right to the custody and control of children, and the right of inheritance.
But the right of marriage and other family rights are to be exercised with due regard to the good of the community.
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As Gilchrist says, “The family state is a condition of the good life, but whereas in property the right is exercised in a thing, in the family state it is exercised over a person or persons, which implies that the individual exercising family right must recognize that the good of others is permanently and indefeasibly bound up with his own good.”
The State may, therefore, restrict the right to family, if it is being used in a manner which is opposed to general good. The Hindu Code Law regulates marriage and divorce and enforces certain obligations in the relations of husband and wife and of parents and children.
No State recognizes temporary marriage. Many may prohibit polygamy. The minor in every State has no legal status. A fixed age of majority is recognised by every State, though it varies from State to State.