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Hindu Marriage As A Contract And A Sacrament: A Comparative Study

Oct 19
1 min read



Khushpreet Kaur & Archana Yadav, BA LLB, University Institute of Legal Studies, Chandigarh University, Punjab, India


ABSTRACT


Marriage is an ancient social institution with legal, social and religious significance. In Hinduism, marriage is viewed as both a sacrament and a contract. Traditionally, Vivaha is regarded as a samskara, a sacred, permanent, and inseparable union for Dharma performance and lineage continuation. Its sacramental nature is reflected in rites such as Homa, Kanyadan, and Saptapadi, which are recognized under Section 7 of the Hindu Marriage Act, 1955. The Hindu Marriage Act, 1955 introduced contractual elements of requiring free consent, sound mind, and a minimum age under Section 5, as well as grounds for divorce under Section 13. Judgements such as Rajeevi v. Sarasamma and Dolly Rani v. Manish Kumar demonstrate that modern Hindu marriage is a sacramental institution that operates within a legal framework.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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