According to Hindu law, marriage is considered a sacred tie and a sacrament that is not meant to be broken. It is one of the oldest institutions in Hinduism, deeply rooted in religious customs and traditions.
In Disha Kushwaha v. Rituraj Singh (2019), the Madhya Pradesh High Court defined marriage from a legal perspective as a contract in which a man and a woman engage reciprocally in life and discharge duties imposed on them as husband and wife.
Hindu Marriage: A Sacrament or a Contract?
Hindu marriage is traditionally regarded as a sacrament rather than a legal contract. It is a religious and spiritual bond that extends beyond the present life and continues in future births. The performance of the Saptapadi (seven steps around the sacred fire) is an essential ritual that reinforces the sacramental nature of Hindu marriage. However, over time, Hindu marriage has also incorporated elements of a contract, as:
- It involves two consenting parties.
- Both parties must fulfill legal requirements such as attaining the age of majority.
- The Hindu Marriage Act, 1955, introduced the concept of divorce, which aligns with contractual principles.
Landmark Cases:
- Bhagwati Saran v. Parmeshwari Nandar Singh (1938)
- The court held that a Hindu marriage is not only a sacrament but also possesses contractual elements.
- Tikait v. Basant (1901)
- The court observed that marriage under Hindu law was a sacrament, an indissoluble union of flesh with flesh and bone to be continued even in the next world.
Hindu Marriage Act, 1955
The Hindu Marriage Act (HMA), 1955, governs marriage among Hindus, Buddhists, Jains, and Sikhs. It sets the conditions for a valid marriage, grounds for divorce, and other provisions.
Key Provisions:
- Section 5: Conditions for a valid marriage (monogamy, mental soundness, age, etc.).
- Section 7: Ceremonies of Hindu marriage.
- Section 13: Grounds for divorce (adultery, cruelty, desertion, etc.).
- Section 13B: Divorce by mutual consent.
Types of Hindu Marriages:
The Supreme Court, in Koppisetti Subbharao v. State of A.P (2009), recognized that Aryan Hindus followed eight forms of marriage, out of which four were approved and four were disapproved:
Approved Forms:
- Brahma – The father gives his daughter in marriage with due honor and without any dowry.
- Daiva – The daughter is given as an offering to a priest performing a religious sacrifice.
- Arsha – The bride’s father receives a token bride price in the form of cattle.
- Prajapatya – Marriage is conducted with a simple exchange of vows without any monetary transactions.
Disapproved Forms:
- Gandharva – Marriage based on mutual consent (akin to modern-day love marriage).
- Asura – Marriage where the bride is bought by the groom.
- Rakshasa – Marriage by abduction, often with force.
- Paisacha – Marriage by deceit or intoxication (considered the worst form).
The court observed that in the Brahma form of marriage, some amount had to be spent by the father in solemnizing the marriage.
Landmark Cases:
- Shah Bano Case (1985) [Mohd. Ahmed Khan v. Shah Bano Begum]
- Though related to Muslim law, this case had a significant impact on maintenance laws, leading to the enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986.
- Sarla Mudgal v. Union of India (1995)
- Addressed the issue of bigamy by Hindus who converted to Islam to remarry.
Hindu marriage is deeply rooted in tradition and religious beliefs, embodying both sacramental and contractual elements. While it remains a sacred institution, modern legal developments have introduced aspects of consent, legal validity, and dissolution, making it adaptable to contemporary social changes.
