HINDU MARRIAGE: IT IS CIVIL CONTRACT OR SECRAMENT

INTRODUCTION:

In the sense that Hindu religion has its own culture, conventions, cultures, and laws, India is the only country that adheres to religions. The Hindu Marriage Act of 1955 considers marriage to be a sacrament with a solemn commitment, rather than a contract established solely by the execution of a marriage. It is the mechanism that will propel our society ahead. Everyone in society should have a basic understanding of what marriage entails. In today’s society, there is some controversy over whether marriage is a sacramental union or a contract. The formation of a link between a husband and a wife is characterised as marriage. According to Hindu law, marriage is a holy connection and the last of ten sacraments that cannot be broken. It’s also a relationship that develops from birth to birth. According to smritikars, not even death can break this link. Accordingly, there are 16 Samskaras, the most important of which is marriage (Vivah), which involves 7 steps and vows in the sight of fire. Sapta Padi

SECTION 5 HINDU MARRIAGE CONDITIONS
A marriage between any two Hindus may be performed if the following requirements are met:

I. Neither party has a live spouse at the time of marriage;

II. At the time of the marriage, neither party
is incapable of providing legitimate assent to it due to insanity; or
although being capable of providing legal assent, has been suffering from a mental condition of such a nature or magnitude that it renders him or her unfit for marriage and childbearing; or
has been susceptible to recurring episodes of insanity.
III. which deals with the parties’ ages particularly specifies that the bride groom should be 21 years of age and the bride should be 18 years of age, which is also a contract requirement.

IV. the parties are not in the banned relationship degrees unless the tradition or usage controlling each of them allows for marriage between the two;

V. Unless the tradition or usage governing each of them allows for a marriage between the two, the parties are not sapindas of each other.

ARE YOU AWARE OF THE REASONS WHY HINDU MARRIAGE IS ONLY A SACRAMENT?

A Hindu marriage is regarded a religious sacrament because only when religious ceremonies are performed does a marriage become legitimate and full. Saptapadi, home, and panigrahana are to be done by a Brahmin, with the ceremonies overseen by Agni Devata. If this is not done, the legality of the marriage may be called into doubt.
A combined reading of Sections 5, 11, and 12 of the Hindu Marriage Act teaches readers that consent is not required for Hindu marriage. The mental capacity of the parties is addressed in Clause 2 of Section 5 of the Hindu Marriage Act. It expressly specifies that neither party must be unable to provide legal consent. In addition, clause 3 of Section 5 states that the bridegroom must be at least twenty-one years old and the bride must be at least eighteen years old at the time of marriage. Surprisingly, Sections 10 and 11 of the Indian Contract Act of 1872 say that a contract made by a minor or an incompetent person is invalid.
Our courts have made it quite apparent that Hindu marriage is a sacrament exclusively. Let us take a look at some of the Court’s most well-known interpretations in this respect.
The Court observed in Shivonandh v. Bhagawanthuma that marriage was binding for life since a marriage conducted by saptapadi before the sacred fire was a religious relationship that could never be severed. In addition, the Calcutta High Court stated that a Hindu marriage is “more religious than secular in character.”

MARRIAGE AS A CONTRACT
Marriage is not just a samskara or sacrament under Hindu Law, but it is also the sole samskara prescribed for women. Despite certain disagreements, it was widely understood that a Hindu marriage was also a contract. It demonstrates that the bride has given a gift. As a result, Kanyadan is an important aspect of the wedding ritual. This Kanyadan satisfies all of the Hindu Law’s conditions for a gift. As a result, it is evident that marriage is both a gift and a contract to the extent that it is a gift.
As a result, most ancient and modern scholars on Hindu law have typically held that a Hindu marriage is both a ritual and a legal transaction. Similar findings may be discovered in a number of cases, some of which are listed below:
“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 obligations,” the Court said in Muthusami v. Masilamani. “Marriage of Hindu individuals is a contract formed by their parents,” the court stated in Purushottamdas v. Purushottamdas. Even when there was a question about whether it was genuinely sacramental, the Court did not hesitate to use old scholarly publications to evaluate the situation. The court in Bhagwati Saran Singh v. Parmeshwari Nardar Singh cited Macnaghten’s Hindu Law, Starnage’s Hindu Law, and Vyawastha Chandrika before concluding that Hindu marriage was not only a rite but also a contract. Furthermore, in Anjana Dasi v. Ghose the Calcutta High Court stated that proceedings connected to marriage deal with what must be recognised as a civil contract in the eyes of the law, and that substantial civil rights emerge out of that contract.

CONCLUSION
As can be seen from the foregoing considerations, the Hindu Marriage Act does not place a high priority on the issue of consent. Is it thus possible to refer to it as a sacrament? To answer this, we can put the three requirements for a Hindu marriage listed in the introduction to the test. The first criterion is ‘permanent,’ the second is ‘indissoluble,’ and the third need is ‘holy.’ To summarise, Hindu marriage has neither become a contract nor remained a sacred union; rather, it has a wonderful approximation of both.

REFERENCE
https://www.jstor.org/stable/755668

https://lexpeeps-in.cdn.ampproject.org/v/s/lexpeeps.in/hindu-marriage-is-it-sacrament-or-a-civil-contract/?amp_js_v=a6&amp_gsa=1&amp=1&usqp=mq331AQKKAFQArABIIACAw%3D%3D#aoh=16462263879993&referrer=https%3A%2F%2Fwww.google.com&amp_tf=From%20%251%24s&ampshare=https%3A%2F%2Flexpeeps.in%2Fhindu-marriage-is-it-sacrament-or-a-civil-contract%2F

https://lawbhoomi.com/marriage-under-hindu-law-sacrament-contract-and-sacrosanct/

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