CHANGING PERSPECTIVE OF MARRIAGE AND DIVORCE IN THE CONTEMPORARY ERA WITH SPECIAL REFERENCE TO THE HINDU LAW
AUTHOR – KOMAL KOTHARI, ASSISTANT PROFESSOR AT A.I.’S BARRISTER A.R. ANTULAY COLLEGE OF LAW
BEST CITATION – KOMAL KOTHARI, CHANGING PERSPECTIVE OF MARRIAGE AND DIVORCE IN THE CONTEMPORARY ERA WITH SPECIAL REFERENCE TO THE HINDU LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (10) OF 2026, PG. 48-52, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I107
Abstract
Marriage has held a prominent position under the Hindu law . Our culture acknowledges marriage as a sacrament and sacrosanct. They are believed to be eternal. But with the codification of the Hindu law and passing of the Hindu Marriage Act in 1955 it attained several new characteristics leading it to be a blend of sacrament and contract. Terms like divorce, judicial separation, etc took away the eternal feature of marriage and provided and opportunity to legally end the marriage. This article throws light on the changing trends of marriage as well as divorce under the Hindu Law in the contemporary era. It analyses the evolution of divorce jurisprudence through the Fault Theory, Breakdown Theory, and Mutual Consent Theory as embodied in the Hindu Marriage Act, 1955. It also speaks about the growing acceptance of divorce and the factors responsible for the same. The author recognises education, financial independence, changing gender roles, globalization, and growing awareness of mental health as key drivers of this transformation. The author also appreciates the proactive role of the judiciary through several case laws in stepping beyond the statutes and addressing social realities by invoking powers under article 142 of the Constitution. With transformation comes new challenges and concerns. The author discusses emerging challenges associated with changing marital relationships, including misuse of legal provisions, gender-related concerns, and criminal incidents arising from marital discord. The article concludes by emphasizing the need to balance individual autonomy with social responsibility through counselling, mediation, and child welfare measures, while advocating legal reforms that reflect contemporary realities without losing sight of the cultural and social significance of marriage in Indian society.
Key Words : Marriage, Sacrament, Divorce, Irretievable Breakdown, Judicial Activism