Evolution Of Marriage Under Hindu Law
- IJLLR Journal
- 54 minutes ago
- 2 min read
Harshita Bairwa, Delhi Metropolitan Education, Noida
INTRODUCTION
According to Hindu law, marriage is a sacrament in the name of God, achieved by religious rites and the control of artha and kama through adherence to dharma. This is a result of the Hindu philosophy of life, which views marriage as a union of social and religious obligations.
This sacrament is performed with vedic mantras and and rituals in order to own high character, moral and provide intellectual progeny for improved human race to attain moksha. It is through marriage that everything and anything in society is maintained by householders-the man and his wife. The Hindu marriage is thus linked with Hindu philosophy of life. The marriage thus remained indissoluble and eternal union in name of God for more than 2500 years.
The evolution of marriage under Hindu law has been a dynamic process, shaped by social, religious, and legal changes over centuries. Traditionally, Hindu marriage was regarded as a sacrament, an indissoluble union aimed at fulfilling religious duties and ensuring societal stability. Rooted in ancient scriptures like the Dharmashastras and Manu Smriti, marriages were heavily influenced by caste, rituals, and familial consent, with little regard for individual choice or equality, especially for women.
Post-independence India saw significant reforms in Hindu marriage laws to align with modern values of equality, freedom, and individual rights. The most transformative legal reform came with the Hindu Marriage Act, 1955, which codified various aspects of marriage, divorce, and maintenance. The Act introduced critical changes such as monogamy, the right to divorce on specific grounds, the recognition of inter-caste marriages, and provisions for maintenance and alimony. The Act also mandated the consent of both parties for a valid marriage and set the minimum legal age for marriage, curbing child marriages to an extent
EVOLUTION OF MARRIAGE
Hindu marriage law has developed throughout centuries, reflecting social, legal, and cultural shifts that have influenced the institution. This process involves the transition from ancient customs to contemporary statutory laws, which are impacted by judicial rulings, reforms, and the shifting demands of society.
