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Is Marriage A Scarement Or Contract

Marriage is described as the establishment of a relationship between a husband and a wife. Marriage, according to Hindu law, is a sacred bond and the last of ten sacraments that can never be broken. It is also a relationship that is formed from birth to birth. Even death, according to smritikars, cannot sever this bond.

It is often regarded as a holy union, in addition to being religious. The primary goal of marriage is to enable a woman and a man to fulfil their religious obligations. They must also have progeny in addition to this. A woman is considered half of her husband and thus completes him, according to ancient writings. Without a woman, a man is also considered incomplete.

Research Objective
  1. To Understand the nature of marriage under Hindu law
According to Hindu tradition, the Hindu marriage act of 1955 reformed marriage. It is regarded as a watershed moment in the history of social policy. Not only has this law codified Hindu marriage law. It has also brought about several improvements in a variety of areas.

Marriage is sacramental in nature since it is basically a samskaras. The sacramental aspect of marriage has three characteristics.

It is an everlasting marriage that will be true for all future lives.

It is regarded as a permanent union because once tied, it cannot be undone.

Furthermore, it is a holy union in which religious ceremonies are required.

There is no need for either party's consent now that Hindu marriage is considered sacramental. Thus, the marriage is considered legitimate even if the individual is of unsound mind or a minor. And, under contract law, a contract entered into by a person of unsound mind or a minor is deemed void. As a result, even though one party may demonstrate the absence of a consenting mind, the marriage is absolutely legitimate and lawful.

Marriage in today's world is contractual. As a result, it is endowed with the virtues of freedom and liberty. Also, due to the west, it has been identified that in order for marriage to be successful, both parties must agree to enter into it willingly.

Research Questions
  1. Weather the Hindu marriage has been within the customs, Sruti, Smriti.
  2. To know if the Hindu marriage is a contract or a sacramental ritual

Scope of study
The scope of this study is to find out, formulate and get the basic idea of what Hindu marriage is, whether it�s a scared practice or a contract marriage or both and to examine the various aspects of traditional Hindu marriage.

Research Methodology
The overall study was carried out by consulting a variety of well-known and unknown websites used a wide range of websites to research this subject. I conducted my study using doctrinal methods. A doctrinal research is a study of a legal proposition or propositions based on the analysis of current legislative provisions and cases and the application of reasoning power.

Age at Marriage

In traditional culture, a guardian's daughter should be married before she reaches puberty. The bride should be younger than the bridegroom at the time of marriage, according to the Vedas, Brahmins, and Kama-Sutra. Brahmanism adopted the pre-puberty marriage trend and influenced the majority of Hindu society's castes.

Mate Selection

The process of choosing a mate is critical. Endogamy is a form of mate selection in which a family must choose a partner for their daughter or son from within the group or community. The aim of endogamy is to make it easier to keep a marriage together. Hindu culture forbids exogamy marriages. Hindu culture also favours cross-cousin marriages.

Marriage was regarded as a sacrament rather than a contract in traditional Hindu culture, and thus was meant to last a lifetime. It is necessary to note that all individuals are required to attend a vivaha (wedding). The primary goal of a Hindu marriage, according to Kanailal Kapadia (1966), is Dharma Praja (progeny, especially sons) and Rati (pleasure).

Rituals and Rights:

Mandap Mahurah, Ganesha Puja, Tikka, Chadi, Mandva, Griha Shanti, Mameru, Pokavu, Barraat, Aarti, Kanya-Daan, Mangalpheras, Sapta Padi, Var Ghodyu Pokavanu Che, in modern times, some of the most important rituals and rites are performed before, during, and after marriage, though the time and length has been reduced.

In modern culture, Hindu marriage is both a sacrament and a contract.

In today's world, the goals, styles, customs, and functions of Hindu marriage are evolving. Previously, the primary goals of Hindu marriage were dharma, artha, kama, and moksha. However, in terms of conventional goals, the order of priority has been reversed, with sexual gratification taking precedence over praja and dharma.

While most marriages are conducted according to sacred rites and rituals, the conventional philosophy of Hindu marriage continues to evolve. The individualist nature of society has completely replaced the traditional Hindu marriage concept. Furthermore, the modern marriage artefacts are to satisfy their isolation and personality, to create a division of labour, to feed their egos, to achieve their common goals, to legitimise their sexual relationship and love As a result, Hindu orthodox philosophy, rituals, attitude, conduct, and appropriate social norms clash with modern Hindu social life's new evolving values and beliefs.

The modern Hindu marriage, the mate selection process, and the age limit
Modern law has had an effect on marriage. Varna, castes, subcastes, endogamy and exogamy, sapinda and gotra are all governed by law.

are outlawed in today's culture. In addition, the attitude toward the Marriage between cousins is also evolving. In arranged marriages, the mate selection mechanism has been altered, and conventional mate selection factors are no longer important. Furthermore, modern outlets of mate selection are being used by urban Hindu society, such as newspaper advertisements, family relations, matrimonial web pages, marriage bureaus, matchmakers, NGOs, and so on.

A Hindu is believed to be born on this earth with specific life missions, which are articulated via the �purusarthas,� which include Dharma, Artha, Kama, and Moksha. Every Hindu must go through different stages or resting places in life in order to fulfill these missions. These resting places are known as �Ashramas.� There are four types of Ashramas, such as Brahmacharyashrama and Grihasthashar.

The Hindu lawgivers have also made provision for redemption by living a Grihastha life. 's property, and he alone is capable of performing all of the necessary duties. The shastras also state that in the absence of a wife, the �dvija' is incapable of performing all of the duties.

Without procreation, human civilization would perish. The satisfaction of sexual desire, or Kama, allows for procreation. Furthermore, among Hindus, the birth of a son is considered necessary because it allows the householder to achieve Moksha. As a result, Hindu marriage becomes compulsory. It's a sacred marriage between a man and a woman for the sole purpose of giving birth to a male child in order to examine the Hindu marriage in light of its sacramental nature, we must first define what a sacrament is.

A sacrament is a religious rite that includes elements such as confirmation, penance, ordination, and matrimony. The Hindu idea of marriage as a sacramental union means three propositions when viewed from this perspective. The Apastama Dharma sutra and Manu both stress the Hindu marriage's permanent nature and indissolubility. The Apastama Dharmasutra also claims that there can be no distinction between husband and wife. They must carry out their religious obligations together.

The Grihasthashrama begins after marriage and is needed for the completion of the five great sacrifices known as the panchamahajajnas, which include reciting Vedas at home, burning oblations for gods, offering Sraddhha Tarpana, receiving and entertaining visitors, and feeding the Bhutas. The importance of the Grihasthashrama, which emerges from marriage, has been emphasized. In this regard, the Mahabharata is rather emphatic.

Changes in culture due to different changes: Due to cultural contacts, global culture, westernization, and Americanization, Hindu society is rapidly changing. People are, in reality, moving away from collectivism and toward individualism. Increased age at marriage is due to increased knowledge of the effects of early marriage, educational obligations, family responsibilities, fulfilment of dreams, job, and anticipation of an ideal life partner.

In reality, dowry has become a major social issue as a mandatory pre-condition of marriage. Broken marriages and bride burning have arisen from dowry non-payment or deferment. Polygyny, polyandry, and polygynandry were all kinds of marriage that were practised in the past. as polygyny, polyandry and polygynandry were practiced in the past. After the Independence, the implementation of the Special Marriage Act, 1954 and the Hindu Marriage Act, 1955, prohibited polygamy and strictly enforced monogamy.

To a certain the present scenario of Hindu marriage in Indian society:

In today's culture, changes in the shape, object, and purpose are leading to new marriage options. People are becoming more aware of their desires and needs as a result of society's individualistic existence. Marriages do not always work out, and some do result in divorce. Modern culture introduces social change as well as other significant challenges to the institution of marriage, such as an increase in extramarital affairs, multiple modern grounds for divorce, singlehood, cohabitation, and sexual alternatives.

The Indian government has adopted numerous Acts and Amendments to protect human rights and eliminate social evils. In 1978, the Child Marriage Restraint Act was revised, increasing the minimum age of marriage for a boy to 21 and for a girl to 18 years. Anuloma and Pratiloma marriages are legal under the Hindu Marriage Disabilities Removal Act of 1946 and the Hindu Marriage Validity Act of 1949. The 1872 Special Marriage Act was repealed by the 1954 Special Marriage Act.

Except for Jammu and Kashmir, the Hindu Marriage Act of 1955 applies across India. Sikhs, Janis, Buddhists, and Schedule Castes are all included in the Act's definition of Hindu. Dowry was outlawed among Hindus by the Dowry Act of 1961. The Widow Remarriage Act of 1856 allowed widows to remarry and receive maintenance from their husband's properties.

Importance Of Marriage As An Institution:

Marriage is an extremely important social institution. Marriage is the only way for a man and woman's relationship to be socially accepted. Animals mate, but humans marry. It implies that mating is a biological process, while marriage is a social and cultural process. The term "marriage" refers to a ceremony that those who are starting a relationship must participate in Marriage, has been regarded as essential for the welfare of every human community in the past and throughout the world.

Love is a foundational structure of modern culture. By controlling the sexual desires of society's members, marriage ensures their development and establishes the duty of child rearing. Marries defines the social placement of the child by determining the duty responsibilities of parents to their children. In today's marriages, there is a greater focus on companionship and satisfaction. Marriage serves a variety of social roles.

Marriage creates a new social bond, resulting in increased power. From the point of view of the individual marriage is also important. For legalized sexual relations give him or her maximum physical satisfaction and mutual peace. The sexual desire is natural and there should be natural and easy means of satisfying this desire. Marriage provides that means. Marriage, on the other hand, isn�t just a relationship between a man and a woman intended to legitimize desire.

It�s also a relationship between parents and children that aims to keep the group together and improve it. If it had been a private rather than a social gathering. It would not have been prioritized in human customs and rules. The most fundamental of all social institutions is marriage.

Hindu marriage serves as a bridge between individuals and society. However, from the Vedic era to the present day, the typical Hindu marriage concept has displayed its many colours and shades. In reality, secret dowry practises, bride burning, family disintegration, domestic violence, singlehood, role dispute in marriage, and other significant changes have resulted from these changes.

Under Hindu Law, marriage is a 'sacrament' (solemn pledge) and not a contract which can be entered into by execution of a marriage deed. Sacred rites and ceremonies are required for a Hindu marriage to take place. After the Hindu Marriage Act was passed in 1951, Hindu marriage became a contract rather than a sacrament.

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