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Whether the Hindu Marriage a sacrament or contract?

Whether the Hindu Marriage a sacrament or contract?

Sacrament

  • Hindu marriage is a sanskar [religious rite or sacrament].
  • According to Vedas, “a marriage is the union of flesh with flesh and bone with the bone.”
  • The marriage between man and women is of holy or religious character and not a contractual union.
  • The wife is also known as Ardhangni (half of the husband). According to the Spatha Brahmana, the wife is to be known as the half of the husband. Man is considered only half until he marries.
  • Calcutta High court once observed that, a Hindu marriage is more religious than secular.
  • According to Hindu text, a man cannot have a material existence until he took a wife.
  • Wife calls as Jaya because a child is born through her, she is called Laxmi, she is called grahini [the lady of the house]
  • The marriage is considered an indissoluble union except these:
    • When the husband is missing.
    • When he is dead.
    • When he has become an ascetic.
    • When he is impotent.
    • When he is an outcast.
  • In Tikait Mummohinit v. Basant Kumar

            It was observed that in Hindu law, marriage was a sacrament.

Hindu Marriage: Whether a sacrament or contract?

Contract

section 5 (iii)

  • Parties are major [21 for male, 18 for female].
  • Parties should be sound mind section 5(ii).
  • Competent to contract.
  • Consent to marry must be fare.

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