The Gap Between Codified Law And Social Practice: A Critical Analysis And Reform Of The Hindu Marriage Act, 1955

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Abhishek Mahapatra, Birla School of Law, Bhubaneswar

1. ABSTRACT

The Hindu Marriage Act, 1955, stands as a cornerstone of social reform in post- independence India, codifying principles that aimed to transform the traditional; Hindu conception of marriage from a sacrament into legal binding and legal contract. Yet, despite its progressive intent, the act continues to face challenges in implementation, as deeply entrenched customs and social norms often prevail over statutory laws. This article examines the exact cause or gap between the statutory laws and social practices in context of Hindu marriages. It critically analyses how often the social attitudes , beliefs, gender hierarchy, and customary practices such as child marriages affect the effectiveness if the statutory law or Hindu Marriage Act ,1955. Using landmark judgements and judicial decisions, the article explore the tension between reformist legal ideas influenced by different cultural identities and resistant cultural realities. It concludes by proposing reform ideas to bridge this gap, ensuring that the laws transformative intent is realised within lived social experience.

THE GAP BETWEEN CODIFIED LAW AND SOCIAL PRACTICE- A CRITICAL ANALYSIS AND REFORM OF THE HI.

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