HINDU MARRIAGE: FROM SACRED SACRAMENT TO MODERN SOCIAL CONTRACT

AUTHOR- PRERNA YADAV* & DR. TARU MISHRA**

* STUDENT AT AMITY UNIVERSITY LUCKNOW

** FACULTY AT AMITY UNIVERSITY LUCKNOW

BEST CITATION – PRERNA YADAV & DR. TARU MISHRA, HINDU MARRIAGE: FROM SACRED SACRAMENT TO MODERN SOCIAL CONTRACT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.730-737, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Marriage within the Hindu legal framework has traditionally been perceived as a sacred and permanent bond, deeply embedded in religious philosophy, customary practices, and ritual observances. In classical Hindu jurisprudence, marriage was not regarded as a mere civil agreement but as a sacrament (sanskara), symbolizing a spiritual union between two individuals. It was understood as a lifelong commitment aimed at fulfilling religious duties, preserving social order, and ensuring the continuation of family lineage. The emphasis was placed on the moral and spiritual dimensions of the relationship rather than on individual rights or contractual obligations.

However, with the passage of time, significant social changes, legal reforms, and evolving judicial interpretations have gradually transformed the institution of Hindu marriage. Modern developments have reshaped its traditional character, introducing features that resemble a contractual relationship while still preserving its religious foundation. Factors such as increased recognition of individual autonomy, changing social values, and the need to address marital disputes through legal mechanisms have contributed to this transformation.

This research paper seeks to critically examine the conceptual transition of Hindu marriage from its traditional sacramental nature to its present status as a socio-legal institution with contractual attributes. It traces the origins of Hindu marriage through scriptural texts and historical practices, followed by an analysis of legislative developments, particularly the codification of personal laws in the mid-twentieth century. The study also explores how statutory provisions have redefined marital rights and obligations, reflecting the changing needs of society.

Further, the paper analyses important judicial decisions to understand how courts have interpreted marriage in light of constitutional principles such as equality, dignity, and personal liberty. Judicial reasoning demonstrates an effort to strike a balance between respecting religious traditions and ensuring that marriage as an institution aligns with contemporary notions of justice and fairness. Legal concepts such as divorce by mutual consent, restitution of conjugal rights, and maintenance illustrate the gradual incorporation of contractual elements into what was once considered an indissoluble union. The study ultimately argues that Hindu marriage today represents a hybrid institution. While it continues to retain its cultural and religious significance, it simultaneously operates within a modern legal framework that acknowledges individual rights, gender equality, and social transformation. This dual character reflects the dynamic nature of law in adapting traditional institutions to contemporary realities while maintaining their foundational values.