In this article you will learn about the Nature of Hindu Marriage.
Nature of Hindu Marriage
Hindu marriage is known as kanyadan, which is the tradition of a father giving his son a girl along with all the rituals and ceremonies. Hindu marriage is a long-standing custom that has undergone various changes throughout history, from the Vedic era to the present. Shastri Hinduism recognises 16 sacraments, of which matrimony is one of the most significant.
Section 2 of the Hindu Marriage Act 1955 states that this act applies to any person who is a Hindu by birth or who has changed his/her religion to either any of its forms such as a Lingayat, Virashaiva or a follower of the Brahmo, Prarthana or Arya Samaj. Any person who practises Buddhism, Jainism, or Sikhism is also covered under this law. It also extends to anyone residing outside of this region, with the exception of those who are legally recognised as followers of Islam, Christianity, Parsis, or Judaism, or who can demonstrate that they are subject to Hindu law. It is thought to be the marriage that binds husband and wife the most. It is an enduring relationship that endures beyond death. Hinduism places a strong emphasis on marriage, not just to the extent that it is important to one generation. When engaging in any Hindu ritual, a person is deemed incomplete without a wife. It is crucial to carry out all the ceremonies alongside the spouse.
Concepts of Hindu Marriage
Hindu marriage customs have been modified for a very long time in accordance with the needs and convenience of the populace. It is the husband and wife's relationship. Out of the 16 sacraments in Hinduism, this one is regarded as one of the most significant. It is an unbreakable sacred bond. It is a bond that endures beyond death and rebirth and exists from birth to birth. Veda states that a man is not complete until he marries and has a relationship with his spouse.
Concept of Marriage : Sacrament or Contract
A man and a woman are joined in a lifelong relationship for the physical, social, and spiritual needs of dharma, procreation, and sexual pleasure in Hindu marriage, which is described as "a religious sacrament."
The sacramental aspect of marriage has these three qualities :
- The husband and wife have a strong, enduring bond that endures even after death, and they will always be together.
- It cannot be untied once it is tied.
- The bride and groom's union is sacred and religious, and it must be carried out through religious rites and ceremonies.
Hinduism regards matrimony as one of the most significant sacraments. The girls' consent was not required in the past. Dads must make the decision about the boy without consulting her or getting her approval. The father alone is responsible for selecting a suitable boy. The marriage was not regarded as null and void if the parties were minors or of unsound mind at the time of the union. However, in the modern world, a person's consent and mental stability are crucial components of a Hindu marriage; in the event that these components are missing, the union will be deemed null and void and have no legal standing.
According to Section 12 of the Hindu Marriage Act of 1955, a marriage is deemed null and void if consent is not obtained. It demonstrates that the marriage is legitimate and lawful even in the event that the bride did not consent.
Modern marriages are contractual in nature. It thus embraces the concepts of liberty and equality. Western ideas are the reason it has been adopted. It requires both parties to willingly agree to enter into it.
Thus, Hindu marriage is neither a sacrament nor a contract. However, one could argue that it is a hybrid of the two.
This article on Nature of Hindu Marriage is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.