“Under Hindu Law, marriage is a ‘sacrament’ (solemn pledge) and not a contract which can be entered into by execution of a marriage deed. On June 2, 1990 the man was having a living spouse,” Justice Pratibha Rani said. … The second appeal can be entertained only if a substantial question of law is raised.
Why is Indian marriage considered a sacrament?
Hindu marriage is considered to be a religious sacrament because marriage becomes valid only when rituals and ceremonies are performed. The wife is also called as Ardhangini which is known as half of man. … Marriage is not only performed to get sexual pleasure but also to attain certain goals.
Who said Hindu marriage is a sacramental?
According to R.N. Sharma a Hindu marriage is a religious sacrament in which a man and a woman are bound in permanent relationship for the physical, social and spiritual purposes of dharma, procreation and sexual pleasure.
How is marriage defined in India?
A Hindu marriage can be defined as a religious sacrament in which a man and woman are bound in a permanent relationship for physical, social and spiritual purposes of dharma, procreation and sexual pleasure. … It results in a more or less permanent relationship between a man and a woman.
Is marriage a sacrament just a legal contract?
Introduction. According to Hindu marriage act,1955 marriage is considered to be a sacrament with solemn pledge and it is not a contract which is only entered by the execution of a marriage. R.N Sharma has defined that a Hindu marriage is a religious sacrament.
Why marriage is a sacrament?
The Sacrament of Marriage is a lasting commitment of a man and a woman to a lifelong partnership, established for the good of each other and the procreation of their children. … Through the sacrament of Matrimony, the Church teaches that Jesus gives the strength and grace to live the real meaning of marriage.
Is wedding legal in India?
The persons getting married must be unmarried and must not have a living spouse from their previous marriage. The legal age for a woman is 18 years and for a man is 21 years. The sanity of mind is necessary for both the parties and they must be capable to give their consent to the marriage freely.
What is marriage sacrament?
Christian Marriage is a sacrament that orders the husband and wife to serve one another. … This service is based on the Christian virtue of charity and is done in a spirit of care and concern for the good of the spouse and child(ren) following the example of Christ.
Why marriage is not a contract?
Unlike western countries where marriage is taken to be a contract between husband and wife, in India marriage is considered as a religious alliance of a man and a woman for life and thus a prenuptial agreement is legally not valid under the Hindu Marriage Act in India, however it is governed under the Indian Contract …
What type of marriage is common in India?
Monogamy is the most prevalent form of marriage in India. However, bigamous (having two spouses at a time) marriages have been reported among the Hindus in many parts of India.
Is marriage a fundamental right in India?
Is the right to marry a fundamental right in India? The right to marry is a part of the right to life under Article 21 of the Indian Constitution. The right to marriage is also stated under Human Rights Charter within the meaning of the right to start a family.
Is forced marriage illegal in India?
Force marriage is an illegal act it not only violates the rights guaranteed under Indian constitution and rights guaranteed under human rights but also is a serious emotional and physical threats to the victims.