Paradigm shift in the nature of Hindu marriage-An analysis of Hindu marriage act 1955.

Hindu marriage is based on psychobiological norms, which are then regulated by religious laws of morality and humane concerns. However Individualism and egotism have disrupted marital peace in recent times, resulting in many kinds of marital problems. It is thus possible to design social and legal strategies for the preservation of Hindu marriage by comprehending the paradigm shift in its nature. For social institutions and marital legal rights and obligations, marriage is the cornerstone. Marriage is regarded as a sacred rite in Hinduism. Statutes have not defined the term "marriage." Contrary to popular belief, in modern societies, marriages are almost universally regarded as legally binding contracts between two people who belong to different social strata, regardless of the fact that different personal laws have made it clear that it is a happening that signifies the assumption of a husband and wife role in accordance with established societal norms and laws. It is not necessary to have a formal ceremony for marriage as long as the intention to marry and the requirements of the law are met, as well as the consent of the contracting parties. Sec. 5 of the Hindu Marriage Act of 1955 outlines the requirements for a legally binding union. The Hindu marriage act 1955 is a direct implication of what the customs of the country prior to the act were and embeds powers to such customs keeping in mind the social integrity and good faith. The law or customs before the HMA provided for the marriage of two people and bringing people together. The HMA drew clear distinction as to what is right and wrong in the customs and enforced the same which were in line with the constitution of India which provides for the best of justice to people.

The HMA provides for the basic structure, conditions and requirements for a Hindu marriage but does not stand rigid before the local customs which could not be classified at large. The HMA condones the law of the land over the law made for the people given that both the parties have been in the practice of performing such ceremonies and practices. The paradigm shift which the HMA brought was in nature of providing rights to both the parties of a marriage to end the said marital bond. Before the commencement of the HMA there were no provisions for a divorce of a couple or any other right to terminate a marriage before the death of one party. The HMA with the essence of social justice provided for both the restitution and revocation of the conjugal bond of couple. The Hindu Marriage Act, 1955, abolished the religious sanctity of the Hindu marriage ceremony, making it no longer a religious obligation. You no longer have to perform it as part of your faith. Marriage was a sacred union that could not be broken under any circumstances, according to the sacred texts. As a result, it's difficult to regard the Hindu Marriage Act of 1955 as a sacrament because of the many divorce and annulment choices it affords. This act brought major changes in the Hindu marriage and a marriage of a Hindu adopting to the change in times and society, section 29 of the act provides for inter-caste marriage between two persons of sound mind and abiding by other conditions laid down for a valid marriage.

This section also has retrospective effect which meant that if two persons married before the commencement of this act seeks protection for their marriage they shall be given. Conditions were laid down for a valid marriage and although there has been some provisions the act allows the people to decide for themselves, it makes it clear that some basic provisions shall not be encumbered at any cost such as the age of parties must be above the legal age of majority, the marriage shall only be solemnized if neither of the parties have a spouse living or are legally still tied to a marital bond. Also, the law provides for the children born out of the said legitimate or illegitimate marriage and says that for a mother the children she bore could never be illegitimate and also legally a child of a marriage that would have been considered legit spouse if the union had been valid shall be considered legit spouse, regardless of whether a decree of nullity is granted in respect of the union under this Act and regardless of whether the union is held to be void otherwise. The HMA itself was a revolutionary step in the granting rights to the customs and providing for newer provisions supporting rights of women. Prior to the 1955 Hindu Marriage Act, there was no way to get a divorce in a marriage or terminate a marriage.

It was considered taboo for Indians to divorce at the time. It was the spouses who were to bore the brunt of such a rigorous system. Divorce can now be obtained through the courts in the event of an unsatisfactory marriage and practically speaking a vast percentage of the beneficiaries of this act are women and along with this, the HMA 1955 also inserted matrimonial alimony where both the spouses were given the right to claim some alimony after their divorce. Alimony can be some maintenance given to either of the parties after the marriage for them to maintain themselves. Section 25 allowed for the court’s discretion that if the court is satisfied that a party after the dissolution of their marriage would be unable to maintain them then the other shall provide for some amount of alimony either in permanent form or in maintenance (given monthly or quarterly). So with the establishment of the act, not only were morels acknowledged but also societal problems like sati were made derogatory and against human society, highlighting the importance of codifying existing laws.

In the past, the law has been skewed in favor of unions between two people. Marriage is promoted in public policy as essential to the well-being of the family, the foundational unit of society. Many legal privileges and rights are reserved for married people in order to protect and promote the institution of marriage. Such rights and privileges are not conferred upon a couple simply because they live together. Under the ambit of contemporary interpretations living together, cohabitation can be construed to be analogous to a relationship like marriage, however devoid of conjugal rights.