This article has been written by Ms._ISHA BHARTI, a 3rd-year student of B.B.A., LL,B(Hons),  CMR UNIVERSITY- School of Legal Studies, Bangalore. 

ABSTRACT: 

The Hindu Marriage Act of 1955, a cornerstone legislation dictating the contours of Hindu marriages within India, has been subject to socio-legal perspectives, and scholars have delved into the changing dimensions of marriage among Hindus, emphasising the need for a nuanced understanding and reforms to address the evolving dynamics of marital choice and individual freedoms. The legal landscape surrounding Hindu Marriage Laws presents challenges related to inter-faith/caste marriages and the conflict between societal norms and individual liberties. This case highlights the societal and legal challenges faced by individuals in exercising their right to marry by choice, especially in the context of societal boundaries and individual rights. The ongoing advocacy efforts aimed at reforming Hindu marriage laws have been influenced by landmark judgments, legal precedents, and scholarly analysis, which have been instrumental in advocating for comprehensive reform to ensure that Hindu marriage law is in tune with the changing societal, cultural, and legal landscape.

Keyword: Hindu Marriage Laws, Individual Choice, Legal Reforms, Societal Evolution, Inter-faith/Caste Marriages, Legal Framework.

INTRODUCTION :

The landscape of Hindu Marriage Laws, the convergence of entrenched traditions and the evolving tapestry of individual choice forms a compelling narrative that demands profound consideration. At the heart of this discourse lies the Hindu Marriage Act of 1955, a cornerstone legislation dictating the contours of Hindu marriages within India. Enshrined within the provisions of this Act are not just the conditions validating a marriage, delineation of spousal rights and obligations, and the grounds for dissolution, but also the essence of marriage itself as a sacrament, sanctified through Vedic mantras and regarded as a union ordained by the divine for the fulfilment of religious and social duties.

However, the immutable essence of Hindu marriage, long considered a sacramental union, has witnessed a metamorphosis, influenced by the relentless tides of societal evolution. These shifting sands have propelled a departure from archaic constructs, propelling Hindu marriage into a realm defined by contemporary understanding and progressive ideals.

In the wake of these societal transformations, an imperative need emerges – the comprehension of the legal framework that governs Hindu marriages. A comprehensive understanding demands a dissection of not just the legislations underpinnings but also an examination of legislative acts and seminal judicial pronouncements that have sculpted these laws over time.

The crux of tradition and change that legal practitioners and scholars find themselves advocating for legal reforms. These reforms, rooted in contemporary ideals of individual freedoms and rights, aspire to foster an environment conducive to the sacred right to choose one’s life partner. In essence, the exploration of Hindu Marriage Laws transcends mere legal discourse; delving into the intersection of time-honoured traditions and the evolving dynamics of personal choice, embodying the quintessence of societal evolution and legal adaptation.

LEGAL TAPESTRY OF HINDU MARRIAGES:

The legal analysis of Hindu marriage laws requires a thorough examination of the constitutional provisions, legislative acts, and judicial precedents that shape these laws. The Hindu Marriage Act of 1955 is a key legislation that governs Hindu marriages in India. The Act specifies conditions for a valid marriage, rights and obligations of spouses, and grounds for divorce. The legal analysis also involves analysing cases and statutes, elucidating their impact on the right to marry by choice. The judiciary has played a significant role in changing the dimension of Hindu marriage by interpreting the law strictly in present changing times, thereby protecting the institution of marriage. The legal landscape surrounding Hindu Marriage Laws presents challenges related to inter-faith/caste marriages and the conflict between societal norms and individual liberties. 

• Jurisprudence:

The essence of Hindu marriage, often encapsulated in the legal maxim “Dharmo Rakshati Rakshitah,” reflects the duty of safeguarding Dharma, wherein the institution of marriage serves as a pillar supporting societal order. This profound maxim underscores the reciprocal nature of responsibilities within marriage, fostering the preservation of societal harmony through the preservation of marital sanctity. The cornerstone of the legal framework governing Hindu marriages finds its genesis in the Hindu Marriage Act of 1955. Within its provisions lie the defining criteria for a valid marriage, the rights and obligations of spouses, and the statutory grounds upon which the dissolution of marriage may be sought. This legislative cornerstone, supplemented by various amendments and judicial interpretations, is the cornerstone guiding the institution of Hindu marriage.

• Shaping Legal Narratives: Judicial Precedents and Interpretations: 

In the case of Gopalakrishna v. Venkatanarasa, ILR 37 Mad 273 – Hindu Dharmasastra marriage is a sacrament, a holy union-a permanent and indissoluble union-between a man and a woman for the performance of religious duties. This judicial pronouncement resonates as a beacon, illuminating the path towards aligning traditional Hindu marriage customs with the evolving facets of individual liberty and choice. Similarly In the case of Gopal Krishan v. Mithilesh Kumari, AIR 1979 All 316 “In Spite of the amendment in 1976 in Hindu Marriage Act, the Allahabad High Court has held that the marriage under Hindu Law is still a sacrament and endeavour should be made to restore the relation.”

The case of V. Tulasamma v. Sesha Reddi AIR 1977 3 SC 99 stands as a testament to the evolving landscape of Hindu succession laws, where the Supreme Court articulated that customs must evolve to align with societal transformations, thereby reiterating the need for legal adaptability within the framework of Hindu matrimonial customs.

In the case of Smt. Sarla Mudgal, President, Kalyani & Ors. v. Union of India (UOI) & Ors AIR 1995 SC 1531 The Supreme Court held that a Hindu marriage solemnised under the Hindu Marriage Act cannot be dissolved by conversion to another religion. The court also held that the second marriage of a Hindu husband after conversion to Islam is void under the Hindu Marriage Act. The court emphasised the importance of upholding the sanctity of marriage and protecting the rights of women. Similarly In the case of Balasubramaniam Guhan v TT. Hemapriya C.R.P. (PD) No. 2838 of 2003 and C.M.P. No. 21418 of 2003

The Madras High Court held that once the parties have selected  Hindu Marriage Act as their personal law, they could not abdicate the same at their free will or as per exigencies of situation or according. 

Hindu marriage laws also involve examining legal maxims related to marriage. The maxim “pacta sunt servanda” means that “agreements must be kept”. This maxim is relevant to Hindu marriage laws as the Hindu Marriage Act specifies conditions for a valid marriage, and parties to a marriage are bound by the terms of the agreement. The maxim “ubi jus ibi remedium” means that “ where there is a right, there is a remedy”. This maxim is relevant to the right to marry by choice, as individuals have a right to choose their spouse, and the law provides remedies for violations of this right.

Legal practitioners and authors often advocate for legal reforms that align with contemporary notions of individual freedoms and foster an environment conducive to the right to marry by choice. In understanding the legal framework governing Hindu marriages and advocating for legal reforms that promote individual liberties and societal evolution.

CHALLENGES: 

The challenges and critiques related to the right to marry by choice within the legal landscape of Hindu marriage laws are multifaceted. The traditional Hindu law of marriage has been a prominent subject in Indian family law cases and litigation. However, the modernist reforms of the 1950s in independent India did not bring about any substantive change in Hindu marriage law. The evolving dynamics of individual choice in marriages have led to a shift from traditional concepts to a more contemporary understanding, which has raised various legal and societal challenges. In the case of Lata Singh v. State of U.P. & Another, the Allahabad High Court emphasised that every young man and woman has the right to choose their spouse according to their choice. This case highlights the societal and legal challenges faced by individuals in exercising their right to marry by choice, especially in the context of societal norms and individual liberties. Furthermore, the Hindu Marriage Act of 1955, The Act reflects the traditional aspects of Hindu marriage, but its interpretation and application in the context of modern individual choices present legal and societal challenges. The legal constraints within the Hindu marriage laws can perpetuate social barriers, especially in the context of inter-faith/caste marriages. The conflict between societal norms and individual liberties poses a significant challenge, as individuals seeking to marry by choice may face resistance from traditional societal expectations and legal complexities.

In the case of Smt. Seema v. Ashwani Kumar AIR 2006 SC 1158, the Delhi High Court dealt with a matter involving an inter-faith marriage and the challenges faced by the couple due to societal and family opposition. The court’s observations and judgement highlighted the need to balance traditional societal norms with the fundamental right to marry by choice, as enshrined in the Indian Constitution. The legal analysis and critique of the challenges surrounding the right to marry by choice in the context of Hindu marriage laws require a comprehensive understanding of the legal, societal, and cultural dynamics that influence and shape the institution of marriage within the Indian context. This critical analysis is essential for advocating legal reforms that align with contemporary notions of individual freedoms and foster an environment conducive to the right to marry by choice.

LEGAL REFORMS AND ADVOCACY:

Advocating for legal reforms in the context of Hindu marriage laws is essential to align with contemporary notions of individual freedoms. The traditional Hindu law of marriage is considered a sacrament, solemnised through Vedic mantras in the presence of God for fulfilling religious and social duties. However, the evolving dynamics of individual choice in marriages have led to a shift from traditional concepts to a more contemporary understanding, necessitating reforms to address the changing societal and cultural landscape. The Hindu Marriage Act of 1955 governs Hindu marriages in India and specifies conditions for a valid marriage, rights and obligations of spouses, and grounds for divorce. The Act covers various aspects of Hindu marriages, such as conditions for a valid marriage, rights, and obligations of spouses, and grounds for divorce. However, there is a need for comprehensive reform of marriage laws in India to address the evolving dynamics of marital choice and individual freedoms. The ongoing advocacy efforts aimed at reforming Hindu marriage laws have been influenced by landmark judgments and legal precedents that have shaped the landscape of marital choice within Hindu laws. For example, the case of Lata Singh v/sThe State Of Uttar Pradesh (2006(5) SCC 475) emphasised the fundamental right to marry a person of one’s choice as an integral part of the right to life and personal liberty enshrined in the Indian Constitution. This case has been instrumental in advocating for legal reforms to protect and uphold the right to marry by choice. Furthermore, the legal discourse on Hindu marriage laws has been influenced by esteemed authors and scholars who have provided critical analysis and recommendations for legal reforms. The concept of marriage under Hindu Law has been subject to socio-legal perspectives, and scholars have delved into the changing dimensions of Hindu marriage among Hindus, emphasising the need for a nuanced understanding and reforms to address the evolving nature of marital relationships. With regard to Live- in- relationship, the court views it as These relationships are between a man and a woman who are unmarried but have competency to enter into legal marriage, have a legal age of entering into marriage and to accept each other in society as husband and wife. As in the case of D. Velsusamy v. Patchaiammal, AIR 2011 SC 484. The court held They “must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time.”

As some believes that the drawbacks of emerging varying relationships that are in the nature of marriage these are low quality marriage, impact on marriage decisions, impact on stability of matrimonial life, lesser developed relationships of married persons, impact on children and

alienation of a married person from his or her family. Accordingly these relationships have

created imbalance in society and have impacted the importance and balance of the Institution

of marriage which is more committed and gives more benefits, more particularly its quality to

society as a whole. Similar stance was presented in the case of S.P.S Balasubramanyam v. Suruttayan Andalli Padayach, AIR 1992 SC 756. Also in Indra Sarmav v. V.K.. Sarma, AIR 2014 SC 309.  The advocacy for legal reforms in the context of Hindu marriage laws is imperative to address the evolving dynamics of individual choice in marriages and align with contemporary notions of individual freedoms. The legal landscape, influenced by landmark judgments, legal precedents, and scholarly analysis, necessitates comprehensive reform to ensure that Hindu marriage laws are in tune with the changing societal and cultural dynamics.

CONCLUSION: 

Within Hindu Marriage Laws, the intricate interplay between tradition and evolving societal norms presents a complex landscape. As society constantly evolves, the traditional sanctity of Hindu marriages undergoes a transformative phase, balancing preservation and adaptation. Examining these laws reveals a rich tapestry of legal provisions, court precedents, and cultural nuances shaping marriage. Cases like Gopalakrishna v. Venkatanarasa and V. Tulasamma v. Sesha Reddi illustrates the dynamism between traditional values and changing individual freedoms. Challenges arise from conflicting societal expectations and personal liberties, notably in inter-faith/caste marriages. The existing legal constraints might inadvertently hinder social integration, necessitating nuanced reforms that respect tradition while embracing progress. Calls for legal reforms aligning with modern freedoms echo through cases like Lata Singh v. State of U.P. & Another, advocating the right to choose a life partner. Scholars emphasise the need for adaptable reforms respecting evolving marital dynamics. The neutral stance recognises the need for legal adjustments without eroding the core values of Hindu marriages. Acknowledging the continuum of societal change, the legal framework must balance tradition and progressive ideals in Hindu Marriage Laws, respecting the sanctity of marriage amidst an evolving society.

REFERENCES: 

Judgements: 

1. Gopalakrishna v. Venkatanarasa, ILR 37 Mad 273
2. Gopal Krishan v. Mithilesh Kumari, AIR 1979 All 316
3. D. Velsusamy v. Patchaiammal, AIR 2011 SC 484
4. S.P.S Balasubramanyam v. Suruttayan Andalli Padayach, AIR 1992 SC 756
5. Indra Sarmav v. V.K.. Sarma, AIR 2014 SC 309. 
6.  V. Tulasamma v. Sesha Reddi AIR 1977 3 SC 99
7. Smt. Sarla Mudgal, President, Kalyani & Ors. v. Union of India (UOI) & Ors AIR 1995 SC 1531 
8. Balasubramaniam Guhan v TT. Hemapriya C.R.P. (PD) No. 2838 of 2003 and C.M.P. No. 21418 of 2003
9. Smt. Seema v. Ashwani Kumar AIR 2006 SC 1158
10. Lata Singh v/sThe State Of Uttar Pradesh (2006(5) SCC 475)

Books & Legal maxims : 

1. Hindu Marriage Act of 1955
2. “Dharmo Rakshati Rakshitah,” reflects the duty of safeguarding Dharma
3. “pacta sunt servanda” means that “agreements must be kept”.
4. “ubi jus ibi remedium” means that “ where there is a right, there is a remedy”

Paper & site : 

1. This article was originally written “THE CONCEPT OF MARRIAGE UNDER HINDU LAW AND ITS CHANGING DIMENSIONS” – Harsimran Kaur Bedi-  published on  ILI Law Review- The link for the same is herein. : https://www.ili.ac.in/pdf/5._Harsimran_Bedi__F_.pdf

1. This article was originally written  “Comparative Analysis Of The Hindu Marriage Act(HMA) 1955 With Other Marriage Laws In India ”- RADHIKA MITTAL, published on The Amikus Qriae. The link for the same is herein. :https://theamikusqriae.com/comparative-analysis-of-the-hindu-marriage-acthma-1955-with-other-marriage-laws-in-india/
2. This article was originally written “ Hindu Marriage Act 1955” & published on – Netlawman. The link for the same is herein.- https://www.netlawman.co.in/ia/hindu-marriage-act-1955

1. This article was originally written “ Critical Analysis of The Right to Marry a Person of Choice in India”- Apurvi Tiwari & published on – Bnwjournal.  

The link for the same is herein.-  https://bnwjournal.com/2021/03/12/critical-analysis-of-the-right-to-marry-a-person-of-choice-in-india/ 

1. This article was originally written “Making Family and Nation: Hindu Marriage Law in Early Postcolonial India”- NARENDRA SUBRAMANIAN  & published in The Journal of Asian Studies Vol. 69, No. 3. 

The link for the same is herein.-   https://www.jstor.org/stable/40929192