Hindu Marriage a pure Contract?

According to the tenets of Hinduism, marriage is a sacred relationship, a sacrament, and a divine covenant meant for procreation and the continuation of family lineage. In the traditional Hindu system of marriage, there is no role for the state as marriage remained a private affair within the social realm. Within this traditional framework reference, marriage is undoubtedly the most important transitional point in a Hindu’s life and the most important of all the Hindu samskaras, or life-cycle rituals.

Conclusion: It is has a unique blend of sacramental and contractual characteristics

A marriage under the Hindu Marriage Act is not a contract but a sacrament.

In India, law of contracts is contained in the Contract Act, 1872.

Section 2(h) of the Act defines a contract as: "An agreement enforceable by law is a contract".

 Otherwise also, a Hindu Marriage has always been considered as a sacrament.

 As such, a Hindu Marriage is only a sacrament and not a contract.

A marriage under the Hindu Marriage Act is not a contract but a sacrament.

In India, law of contracts is contained in the Contract Act, 1872.

Section 2(h) of the Act defines a contract as: "An agreement enforceable by law is a contract".

Section 10 of the Act provides: 

"All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void."

For becoming a lawful contract, it is mandatory all the conditions mentioned in section 10 are fulfilled. In a Hindu Marriage, the conditions of section 10 are not at all fulfilled. No consideration passes in case of a Hindu Marriage.

 Otherwise also, a Hindu Marriage has always been considered as a sacrament.

 As such, a Hindu Marriage is only a sacrament and not a contract.

its an academic question primarily.

but the way Hindu marriages are loosing sacramental character, this query needs an elaborate discussion.

espacially in metro cities the divorce rate is going high and nowadays Hindu marriages look like commercial transaction.

hope i ve conveyed what I intended to, lets c what Ld. members opine.

It may be correct considering the current trend that Hindu Marriages may have been turned into commercial transactions but till date the Hindu Marriage Act contemplates a Hindu Marriage as a sacrament and does not lay down conditions as those of a contract.

 MARRIAGES   ARE   HELD   IN  THE  HEAVEN. IT  IS  NEVER  BE  A  CONTRACT.   THERE      ARE    BOYS    &    GIRLS    IN   EVERY     VILLAGE   &  TOWNS.   PARENTS   SEARCH     FOR    OTHER   CITIES  &   NOT    OF  HIS   OWN   TOWN.    NOBODY    KNOWS    ABOUT  HIS/HER   PARTNER.    SO   IT    IS    SACRAMENTAL.

The question is " Wheather a  Hindu Marriage under the 'Hindu Marriage Act' is a pure Contract or a Sacrament?"  In the eye's of law it was treated as secrament, but after introducing/injecting the divorce procedure in hindu marriage act, the marriages took shape as a contratual form. now a days court treating it as a contract.

But my opinion is somehow diffrent. IT is neither secremental nor contractual but a memorundum of understanding. Because, hindu marriages lost its secremental status long before when hindu marriage acts introduced & it is not a contract also, it is a memorendum of understanding.  In a contract, it is prefixed that the which party will give what and what will get.. This is the base of a contract.. In a memorendum of understanding though give and take may fixed but it is not a rigid one and not enforciable by court.. Though the parties of a hindu marriage may go to court, but compulsion is not there. Think about - restitution of conjugal rights; Judicial seperation; mutal divorce; voidable and void marriages.

Though the nature of hindu marriages are nearer to the contractual form, but it is more in the form of memorendum of understanding, rather than a contract.

Not only Hindu marriages, or other religious and non religious mariages, all the mariages are basically a memorendum of understanding.

Hindu marriage does not fulfil all the charecteristics of contract and so, it is not a contract. At the same time it is losing its sacramental value nowadays. So, I cnat agree it is purely sacramental either.  :)

I think Nagas ways of amrriage is much better than the Hindus. Ours is neither a christian nor customary but a harmonious blending of both. See its very simple. If a male and a female right after meeting in the streets falls in love and started living togther is also regarded as marriage, If the females gets pregnant and marries other male is also marriage, if it is solemnized in Church as per Christian rituals also is a marriage, a man can marry as much wife as ones wishes in some tribes like mine, and those are marriages. If the spouse wants to end the marriage that is also divorce and at times without divorce the spouse started living seperately with each other with their repsctive spouse and that is alo divorce and concept like RCJ is unknown to us. And ofcourse there is no time limitations like waiting period or Iddat etc. If the wife or the husband commits adultery it is the village Council that imposed fine and at times fine are imposed by way of pigs even before the customary trials.begins. I had an occassions to plead for the husband in one of such case.Ours is very simple and I think it is much better in comparison with HMA.

Assumi Sir,

Whether Nagas ways of marriage is a codified law?

If so, please spell out the name of the statute?

Hi All,

Thanks a tonne for such a thought provoking thread.  What Mr.N.K.Assumi wanted to highlight the two sub division within Hindu Marriage Act i.e. Mitakshara and Dayabhaga stream and prohibition within Sapinda relationship.  As such the peculiar system gets regulated through norms and is surviving day in and day out.  In so far question of blending is concerned the changing trends in the society and upbringing contributes a lot.

Best regards

Daksh

Mr.Assumi,what you have said regarding naga marriage is correct. you compared a hindu marriage and naga marriage and tried to find the traditional naga marriage is superior- that is also right in my personal opinion. I sevved nagaland pulp and paper mill five and half years. i know your comments are almost perfect.

but one thing which escaped from your kind notice that , the tribals do not come under the attraction of the hindu marriage act. as they are out of the attraction of hindu marriage act as wll as sec 494 of the IPC therefore they can do so. tribals governed by their own laws, in this regard. It is due to the follow  of british and mughal reign, particularly from british reign .

Thank you Arup. Am glad you were in Nagaland in Paper mill that is Tuli paper mill Nagar. Thanks to this great Article 371-A, which is like Right to ignore Acts, as posted by Pankaj Shah on RTI means Right To Ignore Acts. Question is how long this will continued? Some of us have tried in the past for codifications of Naga Customary Laws but it is more difficult than achieving uniform civil code in India.