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Hindu marriage sacrament or contract! Clarify .

HINDU LAW

Nature and characteristics of Hindu marriage

Hindu marriage is considered to be the most important and sacred of the sixteen sacraments, hence the marriage is considered to be a permanent monolithic and birth-birth relationship. In this world man is incomplete without wife  .

Important case: – Manmohan v. Vasantkumari 1909 Kolkata High Court, in this case, Marriage is said to be the union of bone and mass. In Mahabharata it has been said that the wife is the soul of a man.

 Why is Marriage Sacrament

  1. To get to heaven
  2. Freedom from Pritrin (father debits) can be achieved only when a son is born.
  3. For religious rituals
  4. Relationship between unbreakable and live births.

Hindu marriage is not of the nature of contract because the three essential elements of the contract which require proposal acceptance by product, Hindu marriage lacks these three elements. The father of the girl voluntarily gives the bride to the bridegroom, does not take any reward in return for the consideration. Hindu marriage cannot be called a contract because the parties must have an adult and healthy brain for the contract whereas in Hindu marriages can also be the party is a minor.

 Hindu marriage is contract

Presently Hindu marriages are enacted after the Hindu marriage act  of 1955, reflecting some elements of the contract.

1.Matrimonial nutility

2.Judicial separation and divorce

3.Divorce by mutual consent

4.It is enough to have only one act of adulatory.

 According to Section 5 (3) the marriage party the girl, 18 years and  boy 21 years, expresses its competence this has made the practice of Kanyadaan secondary and motivates the girl to marry herself and thus appears to be the element of contract.

Current form of Hindu Marriage

The sacramental form of Hindu marriage has been changed by various Acts. The Hindu Marriage Act 1955 has the following effect on Hindu marriage. The cultural form of marriage has been affected and many of the signs of contract have been added to it. After this the practical method has been influenced in the context of Hindus in the corner.

1.Recognizing  one’s marriage

2.Provision of divorce

3.Recognition of inter-caste marriage

4.Simplification of marriage terms

5.New reliefs like right of donation letters, marriage separation, judicial separation, reinstatement, maintenance

6.Validity of children resulting from null and void marriage

7.Maintenance of children after divorce

8.Determination of minimum age of marriage

Conclusion:-  On the basis of the above, it can be said that Hindu marriage is neither a perfection contract nor a perfection Sacrament. It is a mixed form of fraction contract and Sacrament. In ancient times Hindu marriage was a completely Sacrament but later in modern times the Widow Remarriage Act 1856  , Hindu Law Act 1955, Hindu Law Act Amendment Act 1977, 1978, the elements of the contract are partially incorporated yet . Still this is not contract .

How  can be questions framed in the Mains Exam.

  1. Can the concept of the old Hindu law that , “Hindu marriage is a sacrament not a contract” be held reasonable in the background of the Hindu Marriage Act 1955? If not comment on the revolutionary changes effected by this act.
  2. Determine the concept of marriage under Hindu law. How far has the Hindu Marriage Act 1955 changed is its original concept.
  3. Write a critical notes on the statements that “Hindu marriage is a Sacrament not a contract” .

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