Marriage As A Sacrament
Marriage according to Hindu's is a holy sacrament between husband and wife
unlike in a Muslim's where Marriage is considered as a contract between the two.
It is often said in Hindu's Jodiya to uppar se ban kar aati hai That
life partner's are made in heaven they just meet on Earth. There are several
Sanskar's (Sacrament) which come in life of a hindu, marriage is one such
important sanskar which a hindu has to do.
It is common belief in Hindu's which is deriving its base from scripture that
the bond of a husband and wife is not only limited to life but for seven births.
The matrimonial bond is considered as a eternal bond. This is the reason there
was no concept of divorce in hindu marriage. The concept of divorce made its way
from the West in Hindu's.
Not only Hindu's consider this bond eternal but the maxim conjunctic martitet
peminae est de nature means to keep husband and wife together is the law of
nature". Viret unor consentur in lege una pensona" means husband and wife are
considered one in law
Important Retuals
Saptapadi and kanyadaan (Two rituals) also play a important role in a hindu
marriage. That is why a marriage without performing the ritual is a no marriage
according to Hindu marriage act 1955.
Reforms related to marriages
Legislation relating to hindu marriage began from the year 1829 when on the
instance of Raja ram mohan roy sati pratha was abolished and declared as an
offence.
In 1856 1 year after first war of independence Hindu widows remarriage act in
the history legalised remarriage of a hindu widow this was a big leap in the
marriage related laws in india. As after the demise of husband wife was either
Burnt alive with the husband or was compelled to live a harsh, torturous life.
In 1860 Indian penal code prohibited polygamy. In 1866 Native converts marriage
dissolution act facilitated divorce for Hindu's accepting Christian faith. In
1872 Special marriages act was passed but It excluded Hindu's. In 1869 the
indian divorce act was passed but this was also inapplicable to Hindu's.
In 1946 Hindu marriage disability removal act legalised inter-marriage between
the sub division of same caste and those within one's gotra and pravara. In 1949
Hindu marriages validity act legalised inter religion Marriages.
Law governing hindu Marriages
The current hindu marriages act of 1955 is based on draft of hidu code by Rau
committee which was earlier rejected but after subsequent amendment was accepted
in 1955.
Provision of divorce
The current hindu marriages act of 1955 has provision relating to judicial
sapration in section 10 and divorce in section 13. Where it specifically
mentions grounds on which decree of divorce can be obtained from the court of
law. These grounds include cruelty, desertion, adultery, conversion etc.
Despite there are provision relating to divorce the court at first tries its
best to reconcile the matter between the parties. If all the attempts of
reconciliation are failed then only court grant the decree of divorce as it is
in the interest of society that sanctity of institution of marriage remain
intact.
Marriage indeed has a sacred place in hindu religion and there was no concept of
divorce earlier, but with the passage of time , influence of west, propagation
of liberty, equality divorce has become a need of modern society. Where one
spouse cannot be compelled to live with the other if not satisfied. But mere non
satisfaction is can't be considered as a ground of divorce unless it finds its
place in grounds mentioned in section 13 ( Grounds of divorce).
