Marriage: An Institution Under Hindu Law And Its Changing Notions In India

Meghal Panchori, BBA-LLB, NMIMS, Kirit P. Mehta School of Law, Mumbai

ABSTRACT

Marriage is a social phenomenon and a universal social institution, an act of alliance between two people and their families. In India, there are so many different religions and every religion has its own Personal law to perform its religious rights. Traditionally as per Hindu customs, marriage creates a foundation between men and women for performing their dharma and establishing a household. In this paper, an attempt has been made to understand the traditional concept of marriage as per Hindu laws and how it has evolved, and what changes it brought into society. The main purpose is to identify the changes in marriage institutions under Hindu law, its consequence, and their comparison with the changes in other personal laws. There are many new trends that are emerging in modern India such as gay/lesbian relationships, inter-caste marriage, change in the age of marriage, live-in relationships, etc, and its judicial aspect. All these changes modernized the youth as per the western culture but it has impacted the original concept of marriage and indirectly increased the divorce rate in India. This paper will discuss the impact of modernization on the institution of marriage and its consequence on families and society, judicial decision- making, and law enforcement.

Keywords: Institution of Marriage, Personal laws, Hindu Marriage Act, Modernization of Marriage.