HINDU MARRIAGE: IS IT A SACRAMENT OR A CIVIL CONTRACT?

According to Vedas, a marriage is “the union of flesh with flesh with bone”. It is a union which the Vedas regards, an indissoluble. As long as her husband alive, the wife is enjoined to regard him as her God; likewise, the wife is declared to be half the body of her husband, i.e., Ardhangini, who shares with him equally the fruits of all his acts, good or bad. For a Hindu, marriage is a samskara, i.e., religious rite or sacrament.

 

The Calcutta High Court observed “a Hindu Marriage is more religious than secular in character.”

 

The concept of the Hindu Marriage as sacrament continues to exist even after the enactment of the Hindu Marriage Act in 1955.

 

Although, there is a conflict of decisions on the point, it is generally accepted that a Hindu marriage is also a Contract as all the requisites of a valid civil contracts are present here. A reference to Manu shows that there is actually a gift of the bride. Thus, an essential part of marriage ceremony is what is called Kanyadan. Such Kanyadan fulfils all the requirement of a gift under the Hindu Law. It is therefore, clear that to the extent a marriage is a gift, it is also a contract.

The writers on Hindu Law, both ancient and modern, have also generally taken the view that a Hindu marriage is not only a sacrament, but also a contract.

 

In Bhagwati Saran Singh vs. Parameswari Nadar Singh, the Allahabad High Court viewed that a Hindu marriage is not only a sacrament, but also a contract.

 

In Muthusami vs. Masilamani, the Madras High Court observed that a marriage, whatever else it is i.e., a sacrament, and institution, is undoubtedly a contract entered into for consideration, with co-relative rights and duties.

 

In Purshottamdas vs. Purshottamdas, the Bombay High Court observed that marriahe of Hindu child is contract made by their parents.

 

In view of the above mentioned and other cases, it can safely be concluded that under the modern as well as ancient-uncodified Hindu Law a Hindu Marriage is not only a sacrament, but also a contract.