NATURE OF MARRIAGE UNDER HINDU LAW

Hindu marriage procedures have been changing for a long time in response to the changing demands and convenience of the people. It is the marriage between a husband and a wife. Hindu marriage is an old institution that has survived from the Vedic era to the present day, with many changes. It’s a holy bond that can’t be severed. It is a tie that exists from birth to birth, as well as after rebirth and death. A man, according to Veda, is not complete until he marries and meets his mate. Marriage is not only important for one generation, but it is also an important Hindu belief. While performing any Hindu rites, a person is considered incomplete without a wife. It is critical to carry out all of the rites with the wife.

WHO ARE HINDUS?

HINDU BY RELIGION- From 500 to 1500 AD, Hinduism was in its Medieval phase. Hinduism is the world’s oldest religion, with a diverse spectrum of traditions and culture practised by Hindus all around the world. Anyone who is a Hindu by religion or was born into a Hindu family with a Hindu father or mother in any of its forms, such as Virashaiva, a Lingayat, or a follower of the Brahmo, Prarthana, or Arya Samaj, or who is a Buddhist, Jain, or Sikh, is also a Hindu by religion. As a result, anyone who is not a Muslim, Christian, Parsi, or Jew is a Hindu.[1]

HINDU BY BIRTH- A Hindu by birth is someone who was born into a Hindu family or has a Hindu father or mother. Apart from Muslims, Christians, and Jews, everybody born in any society is a Hindu. Any child, legal or illegitimate, who is brought up by a Hindu parent will be deemed a Hindu by birth.

SACRAMENTAL NATURE OF MARRIAGE- “A religious ceremony in which a man and a woman are bound in a permanent connection for the physical, social, and spiritual needs of dharma, procreation, and sexual pleasure,” according to Hindu definition. The ultimate objective of human life, according to Hinduism, is to achieve Moksha. Marriage was intended to be a vehicle for good deeds and the attainment of Moksha. It was a must for any Hindu who wanted to see his well-lived life come to an end. There was no requirement for the girls’ consent in ancient times. Fathers must choose the boy without consulting her or seeking her consent. It is the father’s entire responsibility to find a suitable boy. It was not deemed a void marriage if the person was of unsound mind or a minor at the time of the marriage. However, in today’s society, a person’s permission and mental soundness are highly important parts of a Hindu marriage; without these elements, the marriage will be cancelled, void, or have no legal status.

MARRIAGE AS A CONTRACT- Modern marriage is contractual in nature. As a result, it embraces the concepts of equality and liberty. It was adopted as a result of western ideas. Both parties must agree to enter into it on their own free will. Sacred ceremonies must be performed before a Hindu marriage can take place. However, since the Hindu Marriage Act of 1955, Hindu marriage has become a contract rather than a sacrament. The Hindu Marriage Act of 1955 states that if one’s permission is not gained, the marriage is declared null and void. It demonstrates that, despite the bride’s lack of consent, the marriage is valid and legal. the Hindu marriage is not a contract and neither is it a sacrament. But it can be said it is a semblance of both.

To sum up ,

The Hindu marriage concept and everything related to marriage as a sacrament or contract. As a result, it can be inferred that, while Hindu marriage contains some contract-like aspects, it is not solely a contract. Hindu marriage is a holy and eternal union of two bodies, hence it is more of a sacrament.
Husband and wife, according to Manu, are joined to each other not just in this life but also in the afterlife. “Once a virgin is given in marriage, a faithful wife must retain her chastity as much after as before her husband’s death,” according to the norm.[2]

References- [1] https://blog.ipleaders.in/nature-hindu-marriage-hindu-law/

[2] https://www.legalbites.in/concept-of-marriage-under-hindu-law/

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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