Historical Perspective – According to Manu wife is ardhangini and marriage is an essential sanskara. Man is incomplete without wife. Once marriage is performed, it cannot be dissolved.
Modern Perspective – Marriage is a civil contract which can be dissolved. They cannot force to live together.
(Why is it Sacramental)
The sacramental marriage among Hindus has 3 characteristics:-
(1) it is a permanent & indissoluble union,
(2)it is an eternal union, and
(3)it is a holy union.
It is evident that the first element has been destroyed by the act since divorce is recognised. Second element was destroyed in 1856 by recognition of Widow Remarriage. Probably to some extent third element is still retained. In most of the Hindu Marriages a sacred or religious ceremony is still necessary. But the ceremonial aspect of the sacramental marriage is of least importance.
Section 7 of HMA1955 requires that religious ceremonies are a must to complete a marriage. A marriage done without “saptapadi” is void. In the case of Dr. A N Mukherji vs State 1969, a person could not be convicted of bigamy because he performed 3 marriages without doing necessary ceremonies. It has a unique blend of sacramental and contractual characteristics. Even now bachelors are not eligible to perform several religious ceremonies. Only married couples are allowed. Thus, it still retains its sacramental property. No-fault divorce, as available in western countries, is not available in HMA 1955. Thus, breaking up of a marriage is very difficult.
(Why is it Contractual)
(1) The fact that consent of the boy and the girl is required means that it is contractual. If the consent is obtained by force or fraud, the marriage is voidable.
(2) Marriage is no more permanent since divorce is available by mutual consent.
(3) Marriage is no more eternal since widow remarriage is permissible
(4) Marriage is no more holy because a marriage can be done without all the ceremonies such as vivah homam. Only saptapadi is required.