From Tradition To Codification: Divorce In Hindu Law And The Hindu Marriage Act, 1955
- IJLLR Journal
- Dec 24, 2024
- 2 min read
Gurajala. Vishnusree, Symbiosis Law School
INTRODUCTION
Hindu personal law has substantially changed in dissolving a marriage or divorce. The cultural and religious ethos of the period was reflected in Hinduism's traditional notion of marriage as a holy and irrevocable connection. As it is now applied, Hindu law is the body of personal laws that apply especially to Hindus in India and regulate things like marriage, adoption, and inheritance.
Hindu texts often disapproved of divorce, just like early Christian texts did. But even before the Christian era, writings like the Dharmasastra allowed separation under certain conditions. Furthermore, Kautilya's Arthashastra highlighted the necessity of obtaining court consent before being married again, suggesting that divorce was a common procedure in ancient Indian society. Buddhist literature recognizes divorce, even if Brahmanical traditions do not mention it.
There were notable social reform movements supporting women's rights and gender equality in the late 19th and early 20th century. Ishwar Chandra Vidyasagar and Raja Ram Mohan Roy were among the leaders who questioned conventional wisdom and emphasized the necessity of using the judicial system to resolve marital conflict. The Hindu Marriage Act of 1955 was codified due to legislative interventions in Hindu personal law, which were made possible by these movements.
Based on the suggestions of the Hindu Law Committee, which had been formed in 1941 before to independence, the government decided to codify Hindu law after gaining independence.
A significant change was brought about by the Hindu Marriage Act of 1955, which codified Hindu personal law and established a thorough legal framework for divorce. Along with procedural protections to guarantee equity and justice, the Act lists certain reasons for divorce, such as mutual consent, cruelty, and desertion.
This article explores the development of divorce in Hindu law over time, considering key clauses and court rulings under the HMA as well as the interaction between tradition and modernity. By examining these aspects, it aims to offer a comprehensive grasp of how divorce laws balance individual liberty and cultural values while addressing the shifting dynamics of Hindu society.
