The concept of marriage under Hindu law and the emerging varying relationships that are in the nature of marriage a socio legal study

Abstract

The concept of marriage under Hindu Law has changed with changing times, development in society and notion of parties towards marriage as contract based upon give and take policy. The thesis has suggested socio-legal change in law consequent to society and behaviour of parties in marriage. The research work is doctrinaire and non-doctrinaire study. The Hindu marriage is sacrament an indissoluble holy union for accomplishment of religious duty. This is embedded in Hindu philosophy to life and marriage. With passage of time from one era to another the concept of marriage evolved from Vedic mantras to religious duty to semblance of both sacrament as well as a contract. This has happened due to change in society because of many reasons like non-accessibility to spiritual learning, industrial revolution, impact of legislations based on western laws etc. With latest development in society the emerging varying relationships that are in the nature of marriage has further impacted Hindu marriage which is now nothing short of a hollow agreement. Accordingly, legislature in its wisdom enacted laws to cater the needs of changing times since seventeenth century. Judiciary has also set trends pertaining to changing concept of marriage from strict to easy divorce and also for relationship in the nature of marriage. Ultimately Hindu marriage has resulted in an arrangement between a male and a female and if during marriage one is not successful for any reason divorce is obtained may be on account of social reasons, economic reasons or extra marital relationship. newline