Institution of Marriage under Hindu Law
a. Evolution and Concept of the Institution of Marriage
Overview: The institution of marriage in Hindu law has evolved significantly over centuries, transitioning from a primarily religious and procreative union to a complex social, emotional, and legal relationship. In its early stages, marriage in Hindu society was considered a sacred bond, a sacrament that was meant to last for life, ensuring the continuation of family lineage and the fulfillment of religious duties.
- Ancient Hindu Law:
- In the Vedic period, marriage was a sacrament (called Samskara), and it was seen as a means of fulfilling one’s religious and spiritual duties. It was not merely a contract but a divine union that bound the couple in mutual responsibilities for life.
- The concept of marriage was guided by texts like the Manu Smriti, which outlined the duties of both husband and wife. According to Manu Smriti, a woman’s primary role was to serve and support her husband and family, while the husband was expected to protect and provide for her. Marriage was viewed as a social duty, and the idea of mutual affection or romantic love was not emphasized.
- Evolution through the Ages: