LIJDLR

THE CONCEPT OF MARRIAGE UNDER HINDU LAW: SACRAMENT OR CONTRACT?

Khushi Sharma, BA.LLB (HONS), 3rd semester Student

“Marriage is not a contract but a sacred union of two souls.” — Manusmriti. Marriage under Hindu law is one of the most significant social and religious institutions. Historically perceived as a sacred union (samskara), it fulfills religious, moral, and social duties. With the enactment of the Hindu Marriage Act, 1955, and social modernization, contractual elements such as consent, legal capacity, and divorce were introduced. This paper examines Hindu marriage as a sacrament and a contract through scriptures, judicial interpretations, gender perspectives, and modern legal reforms. In addition to the traditional view, contemporary developments have reshaped the understanding of Hindu marriage into a more complex institution that harmonizes religious beliefs with modern legal requirements. The growing emphasis on individual autonomy, gender equality, and constitutional values has brought contractual principles to the forefront, challenging the age-old perception of marriage as an unbreakable sacrament. Judicial decisions have further clarified the dual character of Hindu marriage by recognizing both its ritualistic importance and its legal consequences. This paper therefore explores the historical journey of Hindu marriage from a purely spiritual and indissoluble bond to an institution increasingly influenced by statutory law and evolving social norms. It investigates how modern legislation, court judgments, and socio-cultural changes have introduced a hybrid model wherein sacred rituals coexist with legal rights, remedies, and obligations. The research aims to demonstrate that Hindu marriage today is best understood as a unique blend of tradition and modernity—simultaneously preserving its spiritual core while adapting to contemporary expectations of consent, equality, and legal protection.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 3, Issue 4, Page 591–600.
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