concept and nature of hindu law

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CONCEPT AND NATURE OF HINDU MARRIAGE

In Hindus, marriage is considered as Sanskar, which means Sacrament. Therefore, at the time of marriage, performance of religious ceremonies was necessary. Marriage was an indissoluble union and was an eternal union. (Ascending to Vedas and shastra)
Marriage is also considered to be a means to attain moksha

Hindu Marriage - Sacrament or Contract.

In case of Hindu Marriage, there is a long-standing debate and conflict regarding is Hindu marriage a sacrament or a contract. It can be said that Hindu marriage is both a sacrament and civil contract. 
• This statement can be justified by the following-

1) Hindu marriage is a sacrament

• According To Ancient Texts: According to ancient texts, marriage is a sacrament, an indissoluble union for the whole life which continued even in the next world. It. is regarded as a sanskar, ie, sacrament or religious rites which includes Saptapadi, Kanyadan etc. 

•According to Section -07, the customary rites and ceremony which is followed for the marriage also shows its sacramental character. Saptapadi, that is a seven round steps of both around the fire is considered to be the most important, the marriage becomes complete and binding only after the seventh step is taken. 

→ According to Shastras, a man alone is half of himself unless and until he marries 

* Characteristics of a sacramental nature of a Hindu Marriage

1-A permanent and indissoluble union. 
2-An eternal union which is continued even in next life. 
3-A religious and holy union performed by ceremonies and rites. 

Case-

• Gopal Kishan v/s Mithilesh Kumari [AIR 1979 All 316 

In this case, the Allahabad High Court observed that the institution of matrimony under the Hindu Law is a sacrament, and not a mere socio legal contract.

According To Modern Texts -

1-According to Section -07 of Hindu Marriage Act, 1955, marriage is a holy union since it requires religious rites and ceremonies (Saptapad and Kanyadan), in solemnization of marriage. 
2-Section-09 of this act strengthens matrimonial tie by making provisions for restitution of the conjugal rights. 

2- Hindu Marriage is a Civil Contract

* According to the modern concept of Hindu law Marriage is also a contract. 

*For the Hindu Marriage, to be sacrament it should be indissoluble union but, Section -13 of the Hindu Marriage Act, 1955 made provision for dissolution of marriage i.e. divorce, and Section-5 talks about conditions.

*Hindu Marriage is no more eternal union since by recognition of widow remarriage, widow remarriage is permissible.

* Also, the fact that the consent of the boy and girl is required that means it is contractual [section -05].

Case: Anjana Devi v/s Ghose [Bengal law Reporter, 243] 

The court held that the marriage in the eyes of law must be treated as a civil contract and important civil rights arises out of that contract. 

Conclusion:

The sacrament nature of Hindu marriage lies on 3 principles that is Permanent, Eternal union and Holy union. First principle is destroyed by the recognition of divorce, second destroyed by recognition of widow remarriage but the third element is still restrained. 
Thus, the Hindu marriage has not remained as a sacramental marriage and has not become contract, though it has semblance of both. 
Hindu Marriage is both a sacrament and a civil contract "it contains perspective from both sides