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