Marriage is described as the establishment of a relationship between a husband and a wife. Marriage, according to Hindu law, is a sacred bond and the last of ten sacraments that can never be broken. It is also a relationship that is formed from birth to birth. Even death, according to smritikars, cannot sever this bond.
It is often regarded as a holy union, in addition to being religious. The primary goal of marriage is to enable a woman and a man to fulfil their religious obligations. They must also have progeny in addition to this. A woman is considered half of her husband and thus completes him, according to ancient writings. Without a woman, a man is also considered incomplete.
Marriage is sacramental in nature since it is basically a samskaras. The sacramental aspect of marriage has three characteristics.
It is an everlasting marriage that will be true for all future lives.
It is regarded as a permanent union because once tied, it cannot be undone.
Furthermore, it is a holy union in which religious ceremonies are required.
There is no need for either party’s consent now that Hindu marriage is considered sacramental. Thus, the marriage is considered legitimate even if the individual is of unsound mind or a minor. And, under contract law, a contract entered into by a person of unsound mind or a minor is deemed void. As a result, even though one party may demonstrate the absence of a consenting mind, the marriage is absolutely legitimate and lawful.
Marriage in today’s world is contractual. As a result, it is endowed with the virtues of freedom and liberty. Also, due to the west, it has been identified that in order for marriage to be successful, both parties must agree to enter into it willingly.
IMPORTANCE OF MARRIAGE
Marriage is an extremely important social institution. Marriage is the only way for a man and woman’s relationship to be socially accepted. Animals mate ,but humans marry. It implies that mating is a biological process, while marriage is a social and cultural process. The term “marriage” refers to a ceremony that those who are starting a relationship must participate in Marriage, has been regarded as essential for the welfare of every human community in the past and throughout the world.
Love is a foundational structure of modern culture. By controlling the sexual desires of society’s members, marriage ensures their development and establishes the duty of child rearing. Marries defines the social placement of the child by determining the duty responsibilities of parents to their children. In today’s marriages, there is a greater focus on companionship and satisfaction. Marriage serves a variety of social roles.
IT’S also a relationship between parents and children that aims to keep the group together and improve it. If it had been a private rather than a social gathering. It would not have been prioritized in human customs and rules. The most fundamental of all social institutions is marriage.
In Hindu Law, marriage is a ‘sacrament’ (solemn pledge) and not a contract which can be entered into by execution of a marriage deed. Sacred rites and ceremonies are required for a Hindu marriage to take place. After the Hindu Marriage Act was passed in 1951, Hindu marriage became a contract rather than a sacrament.