Sacrament or Contract
India is a country of classic ancient traditions where marriage is one of the important institutions. This country blossoms with an extensive number of colourful cultures, diverse languages, ethnic and versatile communities and enthusiastic tribes. The concept of marriage is regarded as a pious union of two human beings not barred by any limitation of time, but for the eternal cycle. With the impact of modernization accompanied by perceivable change in human intellect and conscience, we can see the transformation and journey of the Hindu Marriage from one phase to another. The sacramental image of Hindu Marriage is not just confined to one aspect until it has evolved on the terms of the contractual obligations as well.
In this Research Paper, through observational analysis of the changing terms and ideas of Hindu Marriage, deals in finding the true essence of the pious union of two human beings today. This will include the efforts in understanding the core concept of Hindu Marriage Act, 1955 and its jurisprudence which, in the light of today’s societal ambience is changing the realm and its domain of influence. This paper will try to access the true position of this institution in the light of the legal stratifications and aroma of the act, which gives it impeccable position in our society.
In the paper, the relevant provisions will be analyzed, keeping in mind the contemporary position of the marriage and its legal implications, which will be aiding in understanding whether Hindu Marriage is a sacrament or a contractual obligation. In this regard respective departure from the point of religion towards the legal aspects will be given caution while conducting the study.