Hindu Marriage - From Sacred Sacrament To Modern Social Contract

Author: LawSphereX

Category: Family & Personal Law

Published: 2026-08-23T20:13:45.007837+00:00

Updated: 2026-08-26T17:11:19.717+00:00

HINDU MARRIAGE: FROM SACRED SACRAMENT TO

MODERN SOCIAL CONTRACT

Mr. Rishabh, Advocate, Supreme court of India Mr. Aryan Parmar, BBA LLB, National Forensic Sciences University, Delhi

INTRODUCTION:

Marriage under the Hindu Law is a sacrament solemnized by performing religious duties described in the dharmashastra text. Marriage is social event with a legal right of an individual performed by the men and a woman, both the sexes perform their legal social obligation of a Marriage. Hindu marriage can take place only through the performance of several religious ritual. The most important religious ceremonies related with Hindu marriage are Kanya Dana, panigrahana, Agni parinayana, Vivaha Home and Saptapadi etc. But in the contemporary time the societal situation is changing gradually and several changes have taken place related to the ceremonies of marriage.

With the change in time and influence of modernisation and westernisation, marriage under Hindu law has become more like an event or social showcase of the marriage that two individual are getting into a marital relationship and this had been observed that nowadays people are more concerned with the social pressure of maintaining the social status they avoid doing primitive and ancestral ceremonies, cultural activity and practices that our ancestors used to perform in the marriage according to the Hindu rituals just to showcase the society that we are modern people all this rituals are just for the sake of doing and not meant for.

Marriage under Hindu Law is not just a mere contract between two individuals by just by just coming into a marital relationship with the consent of both the parties but is more a religious activity that two adults perform together and perform ceremonies and religious activities to solemnize their marriage. This paper will be aiming to provide comprehensive comparative analysis of legal and social aspects of Hindu marriage by analysing historical era legal framework and societal norms of that period as well as of contemporary time legal framework and social norms of Hindu

Marriage. At the end of this paper, we will get to know the ground reality of marriage that has been changed after the modification of of true essence of the Hindu marriage and will encounter the new changes and reasons for the change in the sacrament that has been created by the society, laws and the society itself.

WHAT IS MARRIAGE

Before we start analysing the social and legal aspects of Hindu marriage with both the legal and social aspects, let us ponder about the term “Marriage”. In legal term marriage can be define as “when a man, aged 21 years, and a woman, aged 18 years, mutually gives consent to spend rest of their lives with each other as couple, they legally form a family. They will exercise their right to procreate and will enjoy their individual conjugal rights. They will have the right to live together below one roof as a husband and wife and will be sharing ownership rights of any property they acquire or ancestral property. They can marry each other either through any personal laws based on religion of both the individual or through registering their marriage under the legislation1.

This coming together and an association of two individual called as “Marriage” will have legal rights and responsibilities toward each other, including property rights, conjugal rights and inheritance rights as mentioned in legislations. ” In societal terms “when two adults i. e. Man and a woman, with a proper maturity and understanding makes a decision to spend their remaining life with each other, they form a bond full of love, emotional support, trust and mutual respect. Speaking on the terms of society Marriage is not just between two individuals but meeting of same minds, coming together of two families and make new relations which is not a blood relation but a relation made by the happening of the marriage.

Men in marriage thinks and move forward being a responsible person seeing his father’s role in his parental marital relationship and women thinks likewise her mother like taking the responsibilities of the child and experience the phase of motherhood and fulfil the duties of a wife and enjoy the companionship with her husband. Couple in the marriage plans for the future together and also plans upbringing of the children and about their future, this formation of the bond by two individual is considered to be “Marriage” in the

1 The Special Marriage Act 1954

society. Before in the history, even after having a toxic relation between the couple or couple with no companionship, love, care and trust, people never thought of giving up on each other and used to stay in the marriage whatever worst thing take place in their marriage their relationship of marriage did not get affected by such things. On the other hand, in the contemporary era people have so many options of partners available that it is very easy for them to move out of the marriage and be with someone else, this is the drastic shift in the thinking and perseverance of individual in the society. Hence, marriage in simple terms is union of two adults i. e.

men and a woman with a mutual consent, agreeing that they want to spend rest of their life with each other by performing their rights and obligation on them, and after performing required ceremonies, customs, ritual and tradition, the bond, connection or union of two individual will be recognised as marriage in the society with all the legalities fulfilled.

HISTORICAL FRAMEWORK OF MARRIAGE UNDER HINDU LAW

The origin of sacrament concept “Marriage” can be witnessed since Vedic times when Marriage used to solemnize through Vedic mantras in presence of God. It was a spiritual union of man and a woman, by chanting of Vedic mantras. A man before entering into marital relationship with a woman used to refer as a Brahamchary. During Vedic period mantras were recited right from marriage proposal till last ceremony of marriage which meant giving strained clothes to priest for purification after consummation ceremony2. In that era marriage being indissoluble union could not be dissolved by anyone, there was no concept of dissolution of marriage in that point of time and people was also unaware about the thought that they can dissolve their marriage due to some reasonable reason to dissolve it.

The indissoluble unification between two consenting adults with the maturity of understanding the importance of ceremonies and by solemnizing the marriage after performing the rituals and the ceremonies defined and mentioned in rituals, spiritual and religious texts. Inter-caste marriages were practiced during this period, man was uncapable of doing any act without his wife. Mostly Couple of this time used to live peacefully and with love, care and trust which

2 Nilakshi Sengupta, Evolution of Hindu Marriage 1-86(Popular Prakashan, Bombay, 1965).

could not be ignored during this period. We can observe the below mentioned points in the legislation as mention in Vedas3 viz: The spouses should live in peace and love like the birds called Chakva and Chakai,4 both the individual who gave the commitment to rest of their life with each other should live their life happily and one should not sacrifice at the cost of their marriage. Thus, only would the house become a real home a home for both of them, and then they may be blessed with capable and good-natured issue. 5 Hindu philosophy of life, which aims to attain moksha through Dhrama and makes marriage feasible. It has been connected to the idea of marriage under Hindu law. When the ashrams were formed, people had to follow the ashram systems principles. This is linked to ashrama’s Hindu social framework.

According to Hindu researchers there are four stages of man’s life Brahmachary (celibacy), Grhastha (family life), Vanaprastha (partial receding from mundane life) and Samnyasa (asceticism). 6Dharma is to be performed by a Man in the union of marriage along with his wife in order to perform five mahayajnas in holy fire in Grhastha (family life). The narration of Vedas, pitrs and tarpana gave satisfaction to Brahman and he was also satisfied by sraddha gods by the burnt oblations, bhutas by Bali offerings and men by the reception of guests. 7 By performing this man could control Artha and Kama and achieve dharma. According to this parent, teachers, spouse, guests were granted status of spiritual entity and can be referred as God.

Along with many other things came under the ambit of Grhasthasrama such as looking after the needy in society, pregnant women, sick people, animals, environment down the line community and country as a whole. 8 The wife was honoured with respect and dignity during 3 B. N Chobe, Principles of Dharmshastr 18 (B. N. Chobe Vakil at Hyderabad D. N. , Hyderbad, Akshaya Tritiya Vaishakh, 2007 Vikram).

4 Atharva Veda, XIV. 2 64.

5 Atharva Veda, XIV.2.43.

6 Hari Singh Gour, The Hindu Code 3 (Law Publishers, Allahabad, 5th edn., 1974).

7 Pandit Rajmani Tigunait, Seven Systems of Indian Philosophy 31 (The Himalayan International Institute of Yoga, Honesdale, 1983). See also: K.M Kapadia, Marriage and Family in India 30 (Oxford University Press, Calcutta,3rd edn., 1982). 8 handogya Upanisad, VIII,15 and III,17,4, A very high code of morality in the form of charity, hospitality, truthfulness, regular performance of religious duties, self-restrain, respect for parents and the elders, and kindliness to animals,- was enjoined upon the householder.

period. The supreme status of wife can be seen in Manusmriti. Manu has stated good karma of man that he gets good wife. This can be observed and analysed how marriage was considered in Manusmriti: “Wife is a divine institution given by Gods; one should not think that one has obtained her by choice.”9 “Her unity (with her husband) is established by the Vedas.”10 “A woman is half of her husband and completes him.”11 A woman must be honoured by her father, brother, husband, and brother-in-law, who desire

their own welfare. Where women are honoured, the gods are pleased, but where they are not honoured, no sacred rites yield any reward. 12 Neither by sale nor by desertion can a wife be released from her husband, this, we understand is the law ordained by the creator in former times. 13 Let mutual fidelity continue till death, this, in few words, may be considered as the highest Dharma of husband and wife. 14 Let a man and woman united in marriage constantly be beware lest at any time disunited, they violate their mutual fidelity. 15 As discussed in Manusmriti about the status and importance of wife in the marriage, Manu emphasized that wife brings happiness, wealth, and respect in the family after coming to his husband’s house after marriage. The house is regarded as empty if wife is not present to supervise it even when children, son, daughter in law and grandchildren are present.

16 This practice were prevalent since Ramyana and Mahabharata period. Also, in the age of Smritis and Puranas the respect of woman still honoured. Yagnakaya “have bequeathed that wife, it

9 Manusmriti, IX, 95.

10 Manusmriti, IX, 96.

11 Manusmriti, IX, 26

12 Manusmriti, III, 58.

13 Manusmriti, IX, 46.

14 Manusmriti, IX, 101.

15 Manusmriti, IX, 102

16 Patrick Olivelle Manu’s Code of Law, 111 (Oxford University Press, New Delhi, 2006)

seems, to all ages undoubtedly to the great satisfaction of the Hindu Husband.”17 Thus, the significance of marriage and wife is witnessed since Vedic and all Hindu periods.

LEGAL FRAMEWORK OF MARRIAGES UNDER HINDU LAW

The Hindu Marriage Act, 1955 exclusively governs marriage of Hindus. The object of act was to introduce the concept of divorce and make Hindu Marriage dissolvable in nature and main aim of the act is to maintain marriage. The Act under section 29(2) has kept the customary marriage valid. Under section 7 sacrament concept of marriage has been kept alive, as well as customary rites and ceremonies of either party are essential for validity of marriage. Where saptapadi is essential marriage ceremony of either party thereto then marriage becomes complete on seventh step. Marriages are considered sacrament only when sacrament ceremonies are performed by the individuals. As Indian society is developing and growing with the necessary changes required with the change time, new laws were introduced to meet its needs.

The Hindu Marriage Act of 1955 was introduced by consolidating the concepts of traditional Hindu Law with the ideas of marriage from different legislations such as UK, USA, and Australia. The conditions of validity of marriage have been stated under section 5 of the Act , which have made monogamy a rule along with the other provisions that neither party is of unsound mind and is capable of giving a valid consent, has not been suffering from mental disorder of such a kind or to such extent as to be unfit for marriage and the procreation of children or is subject to recurrent attacks of insanity, the bridegroom has completed the age of twenty one years and the bride the age of eighteen years at the time of marriage and the parties are not within the degree of prohibited or sapinda relationship unless the custom or usage governing each of them permits of such a marriage between the two.

18 The reasons, purpose, and cause of divorce is defined and mentioner under Section 13 of the Act. Either of spouse can file for a divorce in marriage on the mentioned grounds such as: adultery, conversion to another religion, insanity and contagious venereal disease, and renunciation of world, disappearance for seven years and non-restoration of conjugal rights 17 K. P. Jayaswal, Manu and Yajnavalkya-A Comparison and a Contrast: A Treatise on the Basic Hindu Law 232 (Butter Worth &Co. Ltd. , Calcutta, 1930). 18 3 The Hindu Marriage Act, 1955 (Act 25 of 1955), s. 5. See also: Basant K. Sharma and Divya Sharma, Hindu Law 45-60 (Central Law Publications, Allahabad, 2nd edn. , 2008).

after decree of conjugal right or decree for judicial separation. There are grounds which are only available to women which are defined under Section 13(2) which further gave two more grounds for divorce only to women These are since the passing of decree of maintenance no cohabitation between the parties has taken place and that the girl married before the age of fifteen has repudiated the marriage at fifteen or before attaining the age of eighteen years. 19 The 1976 Amendment Act has added cruelty, desertion, unsoundness of mind, Incurable and virulent leprosy, and venereal disease as new grounds of divorce instead of judicial separation. The object of Hindu Marriage Act, 1955 is to reform and bring uniformity in matrimonial law of Hindus. The legislature in 1976 has amended Hindu Marriage Act, 1955 when tolerance of people became unbearable in marriages.

The Hindu Marriage Act, 1955 has incorporated provision of conjugal rights under section 9 of the Act which was not there in Hindu Law. The application of this provision was limited as it entitled respondents to plead facts which could be the grounds of judicial separation, nullity for marriage or for divorce in their defence. 20 The concept of marriage considered sacrament was further affected when the waiting period of judicial separation was reduced to one year. Furthermore, in Original Hindu Marriage Act divorce can be enforced after going through the period of 3 years of separation. The divorced person can remarry only after the period of one year after divorce.

Hence, the sacrament marriage concept of marriage wass preserved too much extent as to get divorce was a lengthy and time consuming process, the Marriage Laws Amendment Act, 1976 has liberalizes provision pertaining to divorce and has made provision for speedy disposable of divorce petitions filed by the either person in the marriage. 21 With the change in the working and thinking of the society and with the change in tie where inter-caste as well as interreligious marriages normalised, the legislature for it has been enacted. 22 The marriage solemnized under this legislature are civil ceremony. Any two persons of any religion can solemnize marriage after fulfilling the conditions provided under section 4

19 The Marriage Laws (Amendment) Act, 1976 (Act 68 of 1976), s.7(c)(ii).

20 The original Hindu Marriage Act 1955, s. 9(2) stated in the Gazette of India Extraordinary published by Ministry of Law 273 (1955). 21 Flavia Agnes, II Family Law: Marriage, Divorce and Matrimonial Litigation 50-51 (Oxford University Press, New Delhi, 2011). 22Special Marriage Act, 1954

of the Act. Also, two Hindus can solemnize their marriage under this Act. The conditions provided under section 4 of the Act have made rule of monogamy, besides this condition other conditions are that neither party is incapable of giving a valid consent because of unsoundness of mind or has been suffering from mental disorder of such a kind to be unfit for marriage and procreation of children or has been subject to recurrent attacks of insanity, the age of male is twenty one years and of female is eighteen years and the parties are not within the degree of prohibited relationship.23 Furthermore, the parties in the marriage have to be registers under the conditions defined under section 15 of the Act even they perform any ceremony for solemnization of marriage.

SOCIETAL ISSUESE FACED IN HINDU MARRIAGE

Society never stops criticising and oppose the existing norms, act, tradition, customs etc. Even though only two individuals are getting married to each other but the factors such society actively interferes in the union of two individual. Society somehow influences the choices, desires, decisions etc on the social terms, as the Hindu society is deeply rooted with its traditional primitive and ancestral rituals and customs, face several societal challenges that continue to affect the marriage and the individuals in the marriage. Some key issues which we are going to discuss in this piece of research which highlights the complexities face under Hindu marriage are

CHILD MARRIAGE

Such marriages in which a child under the age of majority i. e. 18 years without the proper maturity considered by the society is entering into the marital relationship with the person either major or a minor(child). Majorly child marriage considers the violation of rights of girl’s child as it affects girl’s education, health, psychological well-being, girls become drop out. UNICEF (2011) highlighted that, “Child marriage is a major social concern and a violation of children’s rights – whether it happens to a girl or a boy – as it denies the basic rights to health, nutrition, education, freedom from violence, abuse and exploitation and deprives the child of his/her childhood”.

Child marriage not only infringes their rights but also steals their childhood, the phase of living happily without any stress, development and growth as an academically and 23The Special Marriage Act, 1954 (Act 43 of 1954), s. 4.

personality. This is the perfect age to adapt and learn new skills. United Nations (1990), Article

1 of the UN Convention on the Rights of the Child defines a child as “every human being below

the age of eighteen years unless, under the law applicable to the child, majority is attained earlier” (as cited in Rodgers, 2012). Furthermore, United Nations (1948), Article 16 of the Universal Declaration of Human Rights states that marriage should be “entered only with the free and full consent of the intending spouses”. Hence child marriage is one of the major social issues in Hindu marriages which started back in the history has been decreased in the contemporary time as the society is moving towards modernisation.

THE PERSISTENT SHADOW OF DOWRY

Dowry system in India is one of the most challenging paradoxes in the modern Hindu society which has been a prevalent practice by the groom’s family on the bride’s family. Despite strict legislation24 it is being practiced in some of the parts of the country dowry practice is considered be a marriage negotiation between the two family of the individuals. Dowry practices are a major burden on the family of bride to pay to the family of groom. Dowry can be in form of cash, gift, property etc. If a bride’s family fails to fulfil the demand amount of the dowry from groom’s family, then bride’s parents have to face societal humiliation from the society and also from the own family itself that they were unable to fulfil the dowry demand.

After which the bride has to face domestic violence from her husband as well as from husband’s family, where brides are harmed and even killed in some cases for not providing demanded dowry at the time of marriage.

DOMESTIC VIOLENCE

Domestic violence is a never-ending discussion as it has been happening since a very long time in the union of two i.e. marriage, mostly women’s are victim of domestic violence whereas as we see the contemporary time men’s are also being subjected to domestic violence within the marriage. Violence such physical assault, emotional, psychological and even sexual abuse are some types of acts of violence of which women are targeted. As per the society, women are expected to go through this violence and don’t raise their voice against the violence and oppose her husband from doing all these illegal acts upon her. Many women are economically dependent on their husband due to which they do not raise their voice and remain trapped in

24 Dowry Prohibition Act of 1961

toxic marriage, also faces societal rejection and unacceptance from the society if they take any steps towards the justice and a stigma associated with Divorce. But as per the official reports and self-awareness among the women’s as well men’s this rate of domestic violence has decreased but still a prevalent practice in some remote areas.

DIVORCE

Divorce is a social stigma in Hindu Society, makes it difficult for an individual, mainly for women to prevail the right to divorce and get separated from their husband on the ground mentioned25. Women who reach court for the plea of Divorce faces humiliation, criticism and discouragement from the society and sometime even from her own family as it tarnishes her husband’s family reputation as well as her own family reputation. After the successful divorce society makes it very difficult for that woman to survive with the tag of divorcee with her, society judges and extradite this vulnerable woman from the society which really showcase the stigma around divorce which can influence individual’s decision.

There has been surveys and report has been made which explored divorce laws, their impact on women and the need for reform, focused on the concept of “Irretrievable Breakdown of marriage” as a potential ground for divorce in India. 26

CONTEMPORARY VIEW OF MARRIAGE UNDER HINDU LAW

The new modern society has observed a drastic change and shift in the thinking of the society where the true essence of the marriage where the marriages are considered to be the sacrament is no more such a concept in this new society. This can be analysed that society is experiencing a significant shift in perceptions and practices related to marriage under the Hindu law, following are some contemporary aspects of marriage under Hindu law.

CHANGING MARRIAGE PATTERNS

This is very evident to observe that in the contemporary time marriage are being happening very late in terms of age, the mean age of marriage for both the men and women has increased. Due to imbalance between the personal life and work life it has emerged as new issue that people are thinking of getting married at the age where their parents were actually having their

25 Section 13 of Hindu Marriage Act, 1955

26 Law Commission of India, 217th Report on Irretrievable Breakdown of Marriage, 2009.

first child. And whether male or female everyone in the society now wants to be economically as well as in all terms want to be independent unlike prior married women used to dependent on their husbands for their survival. This shows prioritizing the personal development before committing to marriage.

RISE OF LOVE MARRIAGE

In this new modern society influenced with the western culture is deeply fascinated and influenced with the concept of “Love Marriage”. Traditionally, Hindu marriage originally used to be arranged marriage which is not so common in contemporary era as every one wants to avail and enjoy their right to choose their partner wisely with whom the individual wants to spend their rest of their life. The Supreme Court ruled that a person of any age has the right to marry whomever they choose, regardless of caste.27 The Supreme Court stated that the right to marry is a manifestation of an individual's freedom of choice and expression under Articles 19 and 21 of the Constitution.28 In the landmark case where The Supreme Court declared that the right to marry a chosen partner is a fundamental aspect of Article 21.29

LIVE IN RELATIONSHIP

Live in relationship has gained a significant recognition and popularity in the society. There was no concept of live in relationship under Hindu law where it permits or allows two individuals to live together without being married to each other. The judiciary has recognised the rights of individuals and the Supreme Court of India has ruled that live in relationships are not illegal and two consenting adults can live together without marriage.30 As protection is concerned protections under legislations like the Protection of Women from Domestic Violence Act, 2005, ensure safety and protection of the dignity of the women in such relationship. And with the developing society even if it is not withstanding the norms of primitive thinking society but will fit into the ethos of the society in the future.

LGBTQ+ RIGHTS AND HINDU MARRIAGE

The granting of homosexuality in the Navtej Singh Johar v. Union of India (2018)31 ruling was

27 AIR 2006 SC 2522, 2006 SCC OnLine SC 682, (2006) 5 SCC 475

28 2018 7 SCC 192

29 2018 16 SCC 368, AIR 2018 SC 1933.

30 (2010) 5 SCC 600

31 2018 INSC 790

one of the most important events in Indian legal history. Even though same-sex unions are still illegal, the decision triggered crucial discussions about how Hindu marriage laws could accommodate LGBTQ+ people. With increasing requests for LGBTQ+ people to have the legal right to marry, there is a growing movement for marriage equality. The discussion represents a larger movement toward greater openness and equal rights in marriage, even though the judiciary hasn’t yet accepted this change. The Supreme Court challenged honour killings and Khap Panchayat meddling in interacts and interreligious marriages in the 2018 case of Shakti Vahini v. Union of India. 32 The Court provided couples with protection by issuing preventive, corrective, and punitive measures to stop these unlawful practices.

This decision was a significant step in encouraging individual choice in marriage and defending the freedom to marry for people irrespective of customs or social limitations.

CONCLUSION

The metamorphosis of Hindu marriage from ancient Vedic sacraments to today's legal frameworks mirrors India's complex social evolution. While Supreme Court judgments and progressive legislation have reshaped marriage norms, deeply entrenched customs continue to influence modern unions. The persistent challenges – from dowry deaths in educated families to honour killings in rural heartlands – reveal the raw tensions between tradition and progress. Yet, hope blooms in unexpected places. Young Indians, armed with education and economic independence, increasingly challenge outdated marriage norms. They choose partners across caste lines, demand gender equality within relationships, and redefine marital expectations. In metropolises like Mumbai and Bangalore, matrimonial websites coexist with traditional matchmakers.

The rise of nuclear families, women's economic empowerment, and changing attitudes toward divorce signal profound shifts in marital dynamics. Recent court judgments supporting live-in relationships and LGBTQ+ rights further challenge conventional notions of Hindu unions. As we navigate this cultural crossroads, the future of Hindu marriage hinges on our ability to preserve its sacred essence while embracing progressive values. Perhaps the true strength of this ancient institution lies not in rigid preservation but in its remarkable capacity to adapt while retaining its cultural soul – a testament to the resilience of Hindu social frameworks. Hindu marriage may continue to develop and be relevant in a world that is

32 2018 7 SCC 192

changing quickly while respecting its rich history if we create an atmosphere that acknowledges both tradition and modernity.