Home | Legal Advice | Marriage law | Does Hindu marriage sacrament or contract

Does Hindu marriage sacrament or contract

Estimated Reading Time:

Does Hindu marriage sacramental or contract? It is now subject of debate that Hindu marriage became a contract or still sacrament. We are living in a new era which is the result of the industrial revolution, the most significant contribution of the industrial revolution is the emergence of the concept of that all human and social relations must be based on the free volition of the individual.

Marriage is the highest social relationship of a human being. People demanded that this relationship too must be squarely based on the free volition of the individual. Section 5 and 12 of the Hindu Marriage Act, are the pertinent provisions to determine whether Hindu marriage is sacrament or contract.

Clause 2 of section 5 enumerates that: A marriage may be solemnized between any two Hindus if the following conditions are fulfilled, if at the time of the wedding, neither party.

  • Incapable of giving a valid consent to it in consequence of unsoundness of mind; or
  • Though capable of giving valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
  • Has been subject to recurrent attacks of insanity.

Clause 3 enumerates that the bridegroom has completed the age of twenty-one years and the bride, the age of eighteen years at the time of the marriage.

Section 12 of Hindu Marriage Act enumerates that: Any marriage solemnised, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity in the ground that the marriage is in contravention of the condition specified in clause 2 of section 5.

So the above provisions laid down that parties to the marriage should be sound mind, capable of giving valid consent, attained stipulates age and must capable of understanding the purpose of marriage. According to section 11 of the Indian Contract Act above mentioned conditions are necessary for a valid contract. In the absence of these elements, the contract becomes void.

However, section 12 of the Hindu Marriage Act render the marriage voidable. We can say that although consent is necessary for the valid marriage; therefore in the absence of consent, marriage becomes voidable. Hence, a party to the marriage can treat their marriage as a valid marriage. Eventually, Hindu Marriage is sacramental. However, there is some element of the contract.

Latest Advice

I want divorce because my wife is a characterless lady

My wife has illegal relations which I did not know at the time of marriage. She is a characterless lady so I want divorce. I got married in 2008, and my marriage life is still very good till Dec 2019. In Dec 2019 I found that my wife has been characterless for so many...

Wife had sexual relations with a guy before the marriage

There is a girl who was live in relationship from last 2 years. She married a person and after marriage disclosed this fact. Her husband filed a petition under section 12(1) of HMA and a case of breach of trust and cheating was also filed against her. What are the...

Marriage against the consent of parents

If the bridegroom is 21 years and bride is 22 and they want to marry against the consent of their parents. What will be the cause for this? Can they marry? Question from: Andhra Pradesh Section 5 of the Hindu Marriage Act does not forbid a marriage if it has been...

Marriage when age of bridegroom is below 21 years

I want to solemnise marriage but age of bridegroom is below 21 years. We are in a relationship for past 4 years. And we decide to get married. But the girl's family doesn't allow her to do so. They First emotionally black mailed her. But she doesn't listen to them....

Maintenance in case of divorce after one year of marriage

Question: I want to know whether maintenance in case of divorce after one year of marriage is possible. I got married on 20 Nov 2019. Now we want to get separated by mutual consent. My wife is a B. Tech. & MBA but did not make any serious attempt to get a job. At...

My mother-in-law is harassing me for getting my salary

Question: My mother-in-law is harassing me for getting my salary. She is a very cruel lady and very greedy. I am working as a bank manager in ICICI Bank and my husband is a software engineer. My husband is lower than my salary therefore my mother in law is demanding...

Kanoonirai established in 2014. It provides a facility to consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54