Marriage under Hindu Law: Sacrament, Contract and Sacrosanct
Marriage under Hindu Law: Sacrament, Contract, and Sacrosanct
1. Marriage as a Sacrament
Sacrament means a religious and sacred rite.
Under traditional Hindu Law, marriage is considered a sacrament (Sanskar) — a sacred and indissoluble union ordained by religion.
It is not merely a contract, but a spiritual and eternal bond.
Once solemnized according to rites, the marriage is permanent and inviolable.
The religious texts like Manusmriti and Dharmashastras emphasize marriage as a sacred duty and a spiritual union.
Key points:
It is a religious ceremony.
It is meant for procreation and spiritual companionship.
It is not dissolvable except by death or specific exceptions under modern law.
2. Marriage as a Contract
With modernization and codification (especially under the Hindu Marriage Act, 1955), marriage is also treated as a contractual relationship.
The Act sets out conditions (e.g., age, consent, prohibited degrees of relationship) which must be fulfilled for a valid marriage.
The parties consent freely to marry, so the marriage is a contract of sorts.
The law recognizes the contractual nature by providing for remedies like divorce and judicial separation — means to dissolve or modify the contract.
The contractual aspect focuses on the rights and duties of the parties.
Key points:
Marriage requires free and mutual consent.
Marriage can be challenged if conditions not fulfilled (e.g., bigamy, impotence).
The marriage can be dissolved under statutory grounds.
It involves legal obligations and consequences.
3. Marriage as Sacrosanct
Sacrosanct means extremely sacred or inviolable.
Marriage under Hindu tradition is deeply revered and honored, considered a holy union that should not be broken lightly.
It symbolizes a lifelong partnership of mutual respect, duty, and love.
Society and law encourage preservation of marriage and discourage easy dissolution.
The law strikes a balance by allowing divorce only on valid grounds and ensuring fair procedure.
Key points:
Marriage is highly respected culturally and religiously.
It is seen as the foundation of family and society.
The law protects the sanctity but allows dissolution in exceptional cases.
Summary Table
| Aspect | Explanation | Legal/Traditional Implication |
|---|---|---|
| Sacrament | Religious, spiritual rite | Indissoluble except death/modern exceptions |
| Contract | Agreement with consent and conditions | Can be dissolved under Hindu Marriage Act |
| Sacrosanct | Highly sacred, inviolable union | Preserved and protected by law and society |
In essence:
Hindu marriage is primarily a sacrament — a sacred, lifelong religious union.
Modern law treats it also as a contract with legal rights, duties, and dissolution procedures.
It remains sacrosanct, emphasizing respect and protection of the marital bond.
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