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Introduction
A
marriage can be defined as an union of two individuals i.e. Husband and Wife,
which is legally solemnized to facilitate cohabitation and the procreation of
children.
There
are divergence of opinion with regard to the nature of Hindu marriage. Some
jurists are of the opinion that Hindu marriage is purely a sacramental in
nature while others argues that it is a civil contract.
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Hindu Marriage
as a Sacrament
1.
Eternal Union: Hindu marriage goes
beyond earthly life, seen as a union of souls meant to last through rebirths, not
just for this life but for all lives and worlds. This aligns with the concept
of Dharma, fulfilling one's pious obligations through procreation and spiritual
growth together.
2.
Holy Union: Rituals like
Saptapadi (seven steps) and Kanyadan (gift of the daughter) invoke divine
blessings, making the union more than a mere legal agreement. These ceremonies
sanctify the bond and connect it to the cosmos.
3.
Indissoluble Bond:
Traditionally, divorce is discouraged, viewed as breaking a sacred vow. The
concept of Grihastha Ashrama (stage of household life) emphasizes the enduring
nature of this commitment.
4.
Distinctive Characteristics:
Certain prerequisites, such as both parties belonging to the Hindu religion,
lack of provisions like proposal, acceptance, and consideration, non-strict observance of age of majority, distinguish
Hindu marriages from typical contractual agreements.
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Hindu marriage
as a civil contract
Some scholars firmly believed that
after the introduction of HMA, 1955, a Hindu marriage is no longer remained a
sacramental ceremony, but became purely a contractual obligation. They argued
as:
1. Legal Recognition: The HMA, 1955, governing
marriages among Hindus, Buddhists, Jains, and Sikhs in India, defines
conditions, rights, and grounds for dissolution of marriage, placing it within
the legal realm. This implies a contractual element with specific obligations
and consequences.
2. Mutual Consent: Unlike arranged
marriages of the past, where in some form of Hindu marriages, the consent of
marriaging parties hold no or very little value, the present Act emphasizes
free will in choosing a partner. This aligns with contractual principles of
consent and consideration.
3. Provisions for Breakdown: The Act
acknowledges that marriages may not always succeed, outlining grounds for
divorce and separation. This exit mechanism mirrors contractual termination for
breach.
Important
Judgements
Muthusami v. Masilamani, In this case, the Court observed that a marriage, whatever it may be a sacrament or
institution, it un-doubtfully is a contract entered into for consideration,
with co-relative rights and duties.
Seema vs Ashwani Kumar, 2006: In this
case, the Supreme Court held that any
marriage solemnized between citizens belonging to any of the religions must get
their marriage registered. No personal law can override this condition.
Conclusion: Reconciling the Two
Hindu marriage isn't just a sacrament or contract; it's a
mix of legal structure and sacred vows, carrying both earthly and spiritual
weight. It's a promise before a divine witness, filled with religious and
social significance, while also operating within a legal framework. Hindu
marriage is a contractual covenant with sacramental sanctity, recognizing
individual choice and religious duty.
You can read other questions on Hindu Law from Here.
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