"Digital Technology's Influence on Hindu Family Law: Study the

Role of Online Platforms in Shaping Hindu Marriages and Divorces,

and Their Legal Implications."
SYNOPSIS

I. Introduction

i. Overview of the study's focus on the intersection of technology and Hindu Family Law.
ii. Highlight the importance of understanding the legal implications of digital
transformations.

II. Literature Review

i. Historical context of Hindu Family Law.

ii. Review of existing legal literature on technology's impact on family law.

III. Theoretical Framework

i. Adoption of legal theories explaining the influence of technology on legal structures.

IV. Methodology

i. Explanation of research methods, including interviews, surveys, and case analyses.

V. Online Matrimonial Platforms and Hindu Marriages:

i. Analysis of how online platforms impact the initiation and dynamics of Hindu marriages.
ii. Exploration of legal challenges related to marriages conducted through online platforms.

VI. Digital Technology and Marital Dynamics:

i. Examination of the legal implications of digital communication within marriages.

ii. Identification of legal challenges arising from digital interactions.

VII. Legal Implications:

i. Assessment of the legal recognition and validity of marriages facilitated by online

platforms.
ii. Examination of the use of social media evidence in divorce proceedings.

VIII. Case Studies

 i. Presentation and analysis of specific cases illustrating the legal complexities in the digital
age.

IX. Challenges and Opportunities

i. Identification of legal challenges faced by individuals and legal professionals.

ii. Discussion of opportunities for legal reforms in response to digital transformations.

X. Conclusion

i. Summarization of key findings and their implications for Hindu Family Law.
ii. Recommendations for further legal research and potential policy considerations.

XI. References

i. Comprehensive list of legal documents, statutes, and academic sources.

ABSTRACT

This paper explores the intersection of digital technology and Hindu family law, examining the
transformative impact of technology on the traditional structures and dynamics within Hindu
families. It delves into how digital platforms, such as social media, online forums, and legal
databases, have influenced the practice, understanding, and dissemination of Hindu family law.
The abstract also discusses the realm challenges and opportunities presented by technology in
shaping legal perspectives, dispute resolution, and the preservation of cultural values within the
realm of Hindu family law. Additionally, it considers the evolving role of digital spaces in
accessing legal information, examining its effects on marriage, divorce, inheritance, and child
custody, resolving disputes, and fostering a nuanced understanding of familial relationships
within the context of Hindu jurisprudence. Furthermore, digital technology has influenced child
custody matters in Hindu family law. While digital technology has brought numerous benefits, it
also poses challenges to Hindu family law. Privacy concerns arise with the collection and storage
of personal data on digital platforms. Questions of jurisdiction and cross-border legal
enforcement also emerge when dealing with international marriages and divorces facilitated by
digital technologies. This paper also inquire and analyze different case laws and examine it to
know how Hindu families and their marital life has been influenced and effected by advancing
digital technology In addition, the research explores the potential cultural ramifications of digital
technology's influence on Hindu family law. It investigates how traditional practices, rituals, and
cultural norms are affected by the digitization of these legal processes. Preservation of cultural
heritage and values becomes a critical consideration when adapting legal frameworks to
accommodate digital technology. In conclusion, this research seeks to shed light on the
multifaceted influence of digital technology on Hindu family law. By examining its impact on
marriage, divorce, inheritance, and child custody, the study aims to provide valuable insights into
the evolving dynamics between digital technology and the legal landscape of Hindu family law.
It considers both the opportunities and challenges that arise in this context, including issues of
privacy, access to justice, and cultural preservation.
Key words: Digital technology, Hindu family law, Influence, Marriage, Divorce, Inheritance,
Child custody, Online platforms, Matchmaking, Access to justice, Privacy, Cultural preservation .

I. Introduction

Digital technology has transformed various aspects of human life, including communication,
education, entertainment, and commerce. One of the domains that has been profoundly affected
by digital technology is family law, especially in the context of Hindu marriages and divorces.
Hindu family law is a complex and dynamic system that reflects the diversity and plurality of
Hindu traditions, customs, and practices. It is also influenced by the legal and social structures of
India, which have undergone significant changes in the postcolonial era.

The aim of this essay is to study the role of online platforms in shaping Hindu marriages and
divorces and their legal implications. Online platforms refer to websites, applications, and social
media networks that enable users to interact, exchange information, and access various services.
Online platforms have created new opportunities and challenges for Hindu couples who seek to
marry or divorce according to their preferences, values, and beliefs.

1.1 Overview on Intersection of Technology and Hindu Family Law

The change created less of an incentive to work out marital difficulties. In recent times, women
of India have gone through a major cultural shift. The societal changes have created a major
influence on men and women especially with industrialization and urbanization in the 20th
century, and post-World War II when women entered the workplace. In response to the spurt in
the economy, women are now more educated, outgoing and self-reliant. 1 A key feature of the
Indian socio-cultural and marriage system is the strict policing of sexuality and proscription of
sexuality to within marriage for women. A woman who is involved in premarital sex is
considered as corrupting the purity of caste. Family and caste councils therefore have assumed
1
2020 (Vol. 46) jstor law genera
the role of policing women’s sexuality. This is yet another challenge on the stability of
marriages. The trend on selection of spouse is changing from arranged type to love matching.

Further, the use of technology in matchmaking through matrimonial websites while offering the
potential to transgress traditional boundaries seems to have re-entrenched traditional values in
spouse selection. The shift towards greater choice in partner selection and ‘companionate’
marriages in which conjugal power relationship is less hierarchical could potentially impact
marriage stability.2 In arranged marriage stronger marital and emotional support will be provided
by the family which might promote reconciliation and help to heal marital wounds.

1.2 Understanding the Legal Implications of Digital Transformations

While social media evidence appears to be regularly presented in Family Law court cases, there
is the question of how greatly the evidence is weighted by the presiding judge.

The same Family Law Review study found that 36% of social media evidence was given a high
weighting by the presiding judge. In certain cases, such as Longsdorf v Granger [2010], the
father presented to the court evidence of the mother’s relationship status on Facebook, indicating
that the mother had a new partner. The mother attempted to have the court dismiss the evidence
by arguing “what is on Facebook is not real.” However, the judge sided with the Father and gave
the evidence appropriate weighting in the trial.

Social media content from children’s accounts has also been presented in court. In Terry v Grant
[2011], the father presented evidence from his daughter’s Facebook account where she had stated
“I want to die in a hole” as evidence to demonstrate her contemplation of self-harm. Similarly,
on the question of relocation, in Meacham & Meacham [2010] the father argued against the
mother’s request to relocate her children by producing evidence from her daughter’s Facebook
post that said she “misses her old school friends.”

2
Rowen skinners and associate , the impact of social media worldwide on divorce and separation
The Family Court Case Lackey v Mae [2013] 3 further demonstrates the intersection and
implications of social media in family law matters. In the case, the father had found to produce
content in his Facebook account that aspersed the mother of his children. He had published
content that featured a photo of her, revealed her private details and referred to her as a
“cheating, lying workbag.”

The court ruled that the father had used his Facebook account “as a weapon” to damage the
mother’s reputation and issued a court order that forced him to remove existing content about
and disallowed him from posting derogatory content about the mother in the future. The order
was enforced by the Australian Federal Police. The judge on this case noted that the “abuse”
occurring on social media was a “regrettable common practice nowadays” in family court cases.

As such, social media is used in family court cases much the same way as other sources of
evidence both digital and physical. Where it poses significant implications for the family law
system in Australia is because social media platforms are widely used and often provide in-depth
insights into a person’s life events and their thoughts.

The new array of evidence is not only relevant in terms of digital domestic abuse but also
regarding the revealing of opinions on parenting, their ex-partner and of life events such as
significant financial purchases and new partners.

II. Literature review

2.1 Historical context of Hindu Family Law

The period from 600 BCE until about the 12TH century AD has been described as the heyday
of Hindu law, evidenced by the proliferation of Sanskrit legal texts and commentaries. Hindu law
is better understood as a family of laws rather than a single unit. The Sanskrit word dharma has
often been translated as law, though in reality it's a more complex concept evolving from the
root dhrt, which means to ‘hold, maintain, and keep.’ Dharma signified appropriate behavior and
encompassed duties, rights, moralities, conduct, virtues, and obligation. The Dharmasastra texts
addressed three major topics: achara or appropriate behavior and rituals for different castes and

3
lackey v mae 2013 , FMC 284
different stages in one's life; vyavahara, the rules for resolving doubts about duties; and
finally prayaschitta or rules about penances for violating dharma.4
While the earlier dharmasastras assumed compliance, the later texts emphasized punishment or
deterrence to ensure that obligations are fulfilled. Rights, obligations, and punishments were all
determined by caste, age, and status. Arguably the most famous of the Dharmasastra is
the Manusmriti, or the Code of Manu, which was translated by the orientalist Sir William Jones
in 1794. The Manusmriti, which laid down elaborate rules governing the behavior of castes and
social groups, was celebrated as a compendium of laws because it was one of the first texts that
drew authority from dharma itself rather than the gods. However, the primacy given to the
Manusmriti has more to do with the limits of colonial imagination that was seeking a law code,
rather than its actual reach and influence. Written at the time when organized Hinduism was
being challenged by Buddhism and Jainism, the Manusmriti was seeking to shore up the
authority of the caste system.

Despite the sophistication of the Dharmasastras or the prestige of their authors, it is unclear how
much influence they had on governing everyday lives.5These texts propose ideal models of social
reality and there is limited evidence on the lived experiences of law. Historical accounts suggest
that in most cases, local communities, caste groups, and villages retained
considerable autonomy to decide disputes on custom or conventions that they could themselves
evolve. Appeals from these did go to royal authority, but most state courts also decided the
dispute relying on the community's practices.

Unlike its contemporary civilizations, there is nothing to suggest that there existed any class of
persons versed in the Smriti whose profession was similar to that of modern lawyers (Kane,
vol.3, 1946, 288).6 There are only isolated references to the term niyoga (or appointed in lieu of),
which is the closest one can get to a professional class of lawyers; however, the main requisite
here was a personal connection to the petitioner and not legal competence. Some classical
scholars have argued that the class of lawyers was not required in Hindu law, because the

4
Paras Diwan and Peeyushi Diwan, Hindu Law 548 (Wadhwa & Company, Allahabad, 2nd edn., 1995). This can be interpreted by Vedic Hym recited by bridegroom
in ceremony of panigrahana.
5
Hari Singh Gour, The Hindu Code 3 (Law Publishers, Allahabad, 5th edn., 1974).
6
Pandit Rajmani Tigunait, Seven Systems of Indian Philosophy 31 (The Himalayan International Institute of Yoga, Honesdale, 1983).
administration of justice was the concern of the King, who had to ensure not only that the guilty
were punished but also that the innocent were not prosecuted (Rocher, 1968).
The concept of marriage under Hindu Law has been linked to Hindu philosophy to life which
aims to attain moksha through dharma and this is possible through marriage. The ashrams were
established fully where man had to adhere to practice of ashram system. This is connected to
Hindu social arrangement of the ashrama.

According to Hindu researchers there are four stages of man’s life Brahmachary (celibacy),
Grhastha (family life), Vanaprastha (partial receding from mundane life) and Samnyasa
(asceticism).Dharma is to be practiced by man together with his wife in order to perform five
Mahayajnas in holy fire in Grhastha (family life). The narration of Vedas, pitrs and tarpana gave
satisfaction to Brahman and he was also satisfied by sraddha gods by the burnt oblations, bhutas
by Bali offerings and men by the reception of guests. By practicing this man could control artha
and kama and achieve dharma. In this regard parents, teachers, spouse, guests were granted
status of God. Moreover, householder the man had to take care of brahmacharie as well as the
old persons. Along with many other things came under the ambit of Grhasthasrama such as
looking after the needy in society, pregnant women, sick people, animals, environment down the
line community and country as a whole. Grhasthasrama became the epicenter of control of
society by doing one’s religious and social duties. Thus, man the householder had to bring wife
for accomplishment of his religious and social duties accordingly man is regarded complete only
when he has a wife. As he has to accomplish all duties of householder as well as “towards divine,
father and creator of the world.”7 This importance was given by all text writers till seventeenth
century and finally ended in Jainism and Buddhist period as Jainism and Buddhists did not
believe in sacramental notion of marriage and rejected the sanctity of Vedas. The real aim of
Jainism is liberation and Buddhist is celibacy which in turn makes marriage a secondary option
among them. Thus, in ancient India the marriage was believed to be protected by spiritual
powers, rewarding those who observe matrimonial duties meticulously and piously and
punishing those who neglect these.8 Hence, Hindu marriage fulfills all needs of men physical,
emotional, psychological and religious. It is important to note that from Vedic age till the age of
commentators and digest writers, wife was given utmost importance and relationship of husband
7
Raj Bali Pandey, Hindu Samskara 233 (Motilal Banarsidass, Varanasi, 2nd edn., 1969).
8
Chanchal Kumar Chatterjee, Studies in the Rites and Rituals of Hindu Marriage in Ancient India 46 (Sanskrit Pustak Bhandar, Calcutta, 1st edn., 1978).
and wife was abysmal. This can be seen in Rig Veda where it is stated that “loving the loving
one, as wives by their husbands.9
2.2 Review of existing legal literature on technology’s impact on family law

In past few centuries marriage was considered as a compulsory institution in India. It is a

“sanskara” or purificatory ceremony obligatory for every Hindu. The Hindu religious books have
enjoined marriage as a duty because an unmarried man cannot be free from Rinn. A Hindu could
enter in Grahasth Ashram after completing the religious ceremonies. But in modern society,
youth is not accepting it as a compulsory institution and also ignoring religious activities for
marriage. Due to influence of western culture each and every person is running behind their own
needs and comforts. Customs and traditions in Hindu religion and provisions under the Hindu
Marriage Act, 1955 are very flexible such as Section 5 (v) “the parties are not sapindas of each
other, unless the custom or usage governing each of them permits of a marriage between the
two” this means that sapinda or sagotra marriages are prohibited. But this would be permitted
only if custom or usage permits so.” The Hindu Marriage Act, 1955 also defines customs and
usage under Section 3

(a) that “ the expressions “custom” and “usage” signify any rule which, having been
continuously and uniformly observed for a long time, has obtained the force of law among
Hindus in any local area, tribe, community, group or family” Consequently it can be said that
customs and usages do not change with in a year or with in few months. They take a long time,
which is beyond the memory of us. But in modern society people are moulding customs and
tradition according to their own choice. Most of the families are giving priority to the
understanding and meeting of minds of between the spouses and their families, rather then
customs and usages. Case law In the case of Bhola Umar and Another vs. Mt. Kausilla and
Others10 the question before the Hon’ble Allahabad court was, To whom The Widows‟
Remarriage Act, 1856 is applicable? J. Sulaiman held that it does not apply to the case of those
widows who are entitled under the custom of their caste to remarry and are not bound to take
advantage of the provisions of the Act. It can be said that in 1978, Badri Prasad vs. Dy. Director

9
11 Rig Veda, I, 71, 5

10
Bhola Umar and Another vs. Mt. Kausilla and Others (AIR 1932 All 617)
of Consolidation11was first case in which it was held where a man and woman living together as
husband and wife for a very long time, a strong presumption arises in favor of lawful wed lock.
In this regard Judiciary has played a great role in recognition of inter caste marriages Hadiya’s
case.12 Is the latest example of it? In modern society the criteria to select spouse is beyond
typical caste system.

The advent of online matrimony ushered in a new era of matchmaking in the wake of
globalisation. This paper aims to examine the impact of globalisation on Hindu–Bengali
matrimony. The study attempts to find out the impact of online matrimony on marriages in
Kolkata. On the basis of personal interviews and content analysis of advertisements in
newspapers and online matrimonial websites, the study shows the impact of globalisation on the
institution of marriage. The paper argues that globalisation has not made potential changes in the
process of selection of prospective brides and grooms. The newspapers and online portals
function as the twin matchmakers in contemporary Kolkata, with little difference from the way
traditional matchmakers used to work. The paper examines the fate and impact of technology
when introduced in deeply entrenched traditional social institutions. The increase in the pool of
selection of mates has reinforced patriarchal ties with globalisation adjusting itself in a tradition-
bound society, putting tradition and technology in a curious and cumbersome paradox.
Matrimonial websites create the ability for their users to choose, and so long as the platforms
ensure the privacy and security of the data they handle, their operations are above board. Users
can always choose not to give their preferences for religion and caste, or reveal it themselves. If,
however, the bias emanates from the proverbial “ghosts in the machine” — the coding of the
platform itself, it is a completely different ballgame. Where a matrimonial website, without
seeking user preferences, shows only like-religion/like-caste matches, the risk (both actual and
perceived) would likely increase exponentially.13
With this background, an algorithm that makes caste/religion-based suggestions according to
user preferences should not be found responsible for discriminatory harm. In this instance, I
would find the platform upholding choice, which is the user’s sacrosanct right under the consent,

11
Badri Prasad vs. Dy. Director of Consolidation (AIR 1978 SC 1557)
12
Hadiya’s case (AIR 2018 SC 1933)

13
BharatMatrimony.com, Jeevansathi, Matrimonial, PDP Bill 2019 Views, Personal Data Protection Bill, Personal Data Protection Bill 2019
rights and transparency regime of the Bill. This right empowers the user to not share their data
with the data fiduciary if it is not essential to the provision of services. However, at the same
time, in line with the data minimisation principle, I would argue that asking for this caste-based
information at the time of registration (irrespective of its usage to find matches) is excessive, and
serves no tangible purpose for the user. At the very least, providing caste based information
should be at the option of the user and not mandatory.

III. Theoretical Framework

3.1 Adoption of legal theories explaining the influence of technology on legal structures.

Influence of technology on Hindu families is a complex and broad topic that requires extensive
research and analysis. Legal theories of Hindu law are the philosophical and jurisprudential
reflections on the nature, sources, and interpretation of Hindu law. Hindu law is a complex and
dynamic system that reflects the diversity and plurality of Hindu traditions, customs, and
practices era. The influence of technology on Hindu law can be seen from various perspectives,
such as technology facilitates or hinders the access, dissemination, and preservation of Hindu
legal texts and sources, such as the Dharmashastras, the commentaries, the digests, and the case
laws. Technology can also affect the authenticity, authority, and interpretation of these texts and
sources. Technology enables or challenges the practice and enforcement of Hindu law in various
domains, such as marriage, divorce, inheritance, adoption, contracts, and disputes. Technology
can also create new legal issues and dilemmas, such as cybercrime, privacy, intellectual property,
and human rights how technology reflects or transforms the norms and values of Hindu law, such
as dharma, pramana, mimamsa, rna, and svatva. Technology can also interact with other factors,
such as caste, gender, class, religion, and culture that shape the Hindu legal system

The study of legal theories of Hindu law on the influence of technology is an interdisciplinary
and evolving field that draws on literature from law, sociology, anthropology, and media
studies. It also offers insights into the broader issues of citizenship, democracy, and secularism
that are implicated in the regulation of Hindu family life in modern India.

IV. Methodology
Over the past 20 years, there has been an increase in the prevalence of close relationships despite
geographic distance due to increased mobility and advancements in communication
technologies.

The aim of this study is to investigate the level and nature of impact of Digital influence on
Hindu marriages and divorces.

1. DO YOU THINK TECHNOLOGY HAS INFLUENCED FAMILY LAW AND WHY?

The responses from the survey we have done from circulating it with friends and family we have
analysed that the impact of digital media on marriage in India is significant. The use of digital
media, such as matrimonial websites and social media, has brought about changes in the
traditional practices of arranged marriages. These platforms have allowed individuals to actively
participate in their own future planning and have provided new dimensions of media usage and
partner choice. The role of digital media in circulating and reifying the image of an emergent
bride hood has also been observed, linking it to the ideology of consumption and social
distinctions based on gender and religion . Additionally, the digital revolution has led to the rise
in divorce cases, highlighting the need for knowledge about marriage and the role of family
[3]
media in providing important provisions for adolescents and young adults . Overall, digital
media has influenced the process and traditions associated with arranged marriages, leading to
family disintermediation, cultural convergence, and continuous information flows, and reduced
stigma.

2. HAS THE PREVALENCE OF DIGITAL TECHNOLOFY LED TO CHANGE IN

TRADITIONAL PRACTICES OR INTERPRETATIONS OF HINDU FAMILY LAW WITHIN
THE COMMUNITY?

Despite their traditional approach, evident in their structure and design, these online spaces
nevertheless reflect new dimensions of media usage and choice of partners They show the active
intervention of people in their own future planning By assuming a basic connection between the
growing media access and profound changes within contemporary Indian society, this article
links media-based changes in matchmaking to an overall social change in post-liberalization
India With new lifestyles and social realities, notions regarding marriage, love, and gender roles
are gradually being reworked The analysis of the online matrimonial market and how it has been
appropriated, offers remarkable insights into these dimensions of social change Ninety percent of
India’s marriages are still termed as ‘arranged,’ as opposed to the category of ‘love marriage’
But the varied ways in which many young Indians engage with matrimonial media show that this
dichotomy of terms needs urgent revision Increasing social, physical, and media mobilities serve
in manifold ways as a key factor in social change, particularly with regard to women and
marriage The pervasive gender image of the “New Indian Woman” is an influential role model in
online representations as well as in personal narratives.

This study also has its own limitations. The major limitation was the limited time period that was
available to complete the study and its small sample size. Although, the decision to select a small
sample size was an integral part of the research design process. The research was designed to
receive rich and valuable data from its sample participants regarding their experiences and
opinion on Digital influence on Hindu marriages and divorces. Therefore, the research was
planned to allow the researcher to utilize and analyze the data effectively and efficiently.
Moreover, the findings of the study will also help in contributing to the existing literature and
knowledge of the Hindu family law system. The present study identified the social factors that
influenced the choices of the married Hindu Marriages and divorce in influence of Digital
technology. Additionally, how these choices effect or are affecting the structure of the Indian
society could also be studied to shed more light on the social aspects of the Indian Hindu
weddings.

V. Online Matrimonial Platforms and Hindu Marriages

Online matrimonial platforms have become increasingly popular for individuals seeking Hindu
marriages. These platforms offer a convenient way for people to search for potential partners
based on various criteria such as age, caste, profession, and more. They also often provide tools
for communication and interaction between potential matches. In the context of Hindu marriages,
these platforms cater to individuals looking for partners who align with their cultural and
religious beliefs, and often offer features specific to Hindu matrimonial preferences such as
horoscope matching and other traditional considerations. It's important to note that while these
platforms facilitate introductions, the actual process of marriage in the Hindu tradition involves
various customs, rituals, and legal requirements that extend beyond the online platform.

The traditional idea of an arranged marriage is highly respected in Indian culture. It is the duty of
parents to assist friends, family, the marriage bureau, and other middlemen in helping their
children find the right spouses. But today, things are different. These days, those who are eligible
for marriage seek to get to know their future spouse and build a relationship with them in order
to better understand them before making a lifelong commitment. For this reason, everyone's
attention is being drawn to Indian matrimonial websites. 14Here are some matrimonial websites in
India WedgateMatrimony.com, Jeevansathi.com, BharatMatrimony.com, Shaadi.com, and
SimplyMarry.

5.1 Analysis of how online platforms impact the initiation and dynamics of Hindu
marriages.

The rise of online platforms has significantly impacted the initiation and dynamics of Hindu
marriages in various ways, presenting both benefits and challenges. Here's an analysis of these
impacts:

Initiation of Hindu marriages matchmaking opportunities are increased by online platforms like
Shaadi.com, BharatMatrimony, and matrimonial websites of specific communities have
expanded the pool of potential spouses beyond traditional geographic, caste, and social circles.
This allows individuals to connect with compatible matches based on shared interests, values,
and lifestyles. The compatibility of assessment has been enhanced as online Platforms offer
detailed search filters, personality tests, and compatibility calculators, aiding individuals in
finding matches who align with their preferences and expectations. This can potentially lead to
marriages with stronger foundations.15

Traditionally, family elders played a central role in matchmaking. Online platforms empower
individuals to actively search for partners themselves, giving them more control over their
marriage choices. This can be particularly liberating for women and individuals from
traditionally marginalized communities. Online platform has Emerged new norms, online

14
www.wedgatematrimony.com (Accessed on : December 15 , 2023)
15
Rai, D. K. (2012). Dating and marriage in India: The impact of the internet. Routledge.
platforms have introduced new forms of communication and interaction before marriage, like
video calls and virtual dates. This can help couples build relationships before committing to a
formal engagement or marriage.

Dynamics of Hindu marriages online platforms act like a Communication tool as online
platforms can facilitate communication between couples, especially those living in different
cities or countries. Messaging applications, video calls, and shared online spaces can strengthen
connection and intimacy.16Online plate forms also give advises like offering budgeting tools and
financial advice can help couples manage their finances effectively, potentially reducing conflict
and stress. Online forums and communities dedicated to Hindu marriages can provide couples
with support, guidance, and advice from others navigating similar situations. However, exposure
to negative experiences online can also contribute to anxiety and unrealistic expectations. Social
media and dating apps can expose individuals to external temptations, potentially leading to
infidelity and relationship issues.

5.2 Exploration of legal challenges related to marriages conducted through online

platforms

In India, online marriages are generally not legally recognized under traditional norms. However,
Courtly offers a unique opportunity for couples to have an online wedding and obtain a legal US
marriage certificate, which can be recognized in India. 17 Marriages conducted through online
platforms pose several legal challenges, including:

1. Validity: Ensuring the legal validity of the marriage is crucial, as different regions and
countries have varying laws regarding online or remote marriages. It's essential to determine if
the marriage conducted through the online platform is recognized as legally binding in the
relevant jurisdiction.

2. Documentation: Online marriages may face challenges related to documentation, such as

obtaining and verifying the necessary paperwork and ensuring compliance with legal
requirements for marriage licenses, certificates, and other formalities.

16
Ibid 15.
17
Is virtual marriage legal in India? , by Dr. Ajay Kumar Panay.
3. Jurisdictional Issues: Determining the appropriate jurisdiction for the marriage can be
complex, especially if the couple resides in different locations or countries. This can impact the
legal recognition and rights associated with the marriage.

4. Compliance with Local Laws: Online marriages must adhere to the local laws and regulations
of the jurisdiction where the couple intends to reside or where the marriage is legally recognized.
Failure to comply with these laws can lead to legal complications.

5. Fraud and Misrepresentation: There is a risk of fraudulent activities or misrepresentation on

online platforms, potentially leading to legal disputes regarding the validity of the marriage or
the intentions of the parties involved.

In this era of digital world, a court was faced with the issue of marriage in air or say virtual
marriage. Here, in this case, the Writ Petition was filed praying to direct the respondent to
solemnize the marriage of the petitioner with the bridegroom through video conference and
register the same under Special Marriage Act, 1954. The bench stated that Right to marry is a
fundamental human right. Sections 12 and 13 of the Special Marriage Act, 1954 18 should be so
construed as to effectuate this right. Section 12 (2) of the Act states that the marriage may be
solemnized in any form which the parties may choose to adopt. In this case, the parties have
chosen the online mode.

VI. Digital Technology and Marital Dynamics

Digital technology has significantly impacted marital dynamics in various ways. Technology has
transformed how couples communicate, providing various channels such as messaging apps,
video calls, and social media platforms. This has altered the frequency and modes of interaction,
influencing how couples stay connected and express affection. It also reduces Conflict between
couples, Digital technology has introduced new dynamics to conflict resolution, offering
opportunities for couples to seek online counselling, access resources for relationship advice, and
even engage in digital therapy sessions to address marital issues. it also helps in Sharing
Responsibilities between couples as Technology has influenced the division of household
responsibilities, financial management, and childcare through the use of digital tools for
18
The Special Marriage Act, 1954
scheduling, budgeting, and coordinating tasks, impacting how couples manage their daily lives
together. Interestingly digital technology has also helps in maintaining good Intimacy and
Romance life as Digital technology has redefined intimacy and romance, with couples using
digital platforms for activities such as virtual date nights, sharing romantic messages, and even
exploring intimacy through online resources, impacting the ways in which couples express and
experience romantic connections. The use of digital devices and social media has also introduced
challenges related to trust and privacy within marriages, as couples navigate issues such as
online transparency, boundaries, and digital trust-building.

Overall, digital technology has reshaped marital dynamics by altering communication patterns,
introducing new methods of conflict resolution, influencing trust and privacy considerations,
redefining shared responsibilities, and transforming the landscape of intimacy and romance
within marriages.

6.1 Examination of the legal implications of digital communication within marriages

Identification of legal challenges arising from digital interactions.

The legal implications of digital communication within marriages present several challenges,
including:

1. Privacy and Data Protection: Couples must navigate privacy concerns regarding digital
communication, ensuring that personal and sensitive information shared digitally is protected.
Legal challenges may arise if one party breaches the other's privacy through unauthorized access
to digital accounts or sharing of private communications.

2. Electronic Evidence: Digital communication within marriages can serve as evidence in legal
proceedings, such as in cases of divorce or disputes. Ensuring the admissibility and authenticity
of digital communication as evidence may pose legal challenges, especially in cases involving
the veracity of digital messages or social media interactions.

3. Cyber security and Online Safety: Legal implications arise in cases where one spouse's digital
activities compromise the cyber security or online safety of the other, potentially leading to legal
action related to protection against cyber threats, harassment, or identity theft within the marital
context.
4. Digital Assets and Property Rights: As digital communication often involves the exchange of
digital assets, legal challenges can emerge in defining and protecting rights related to digital
property, including shared accounts, intellectual property, and digital assets acquired or created
during the marriage.

5. Electronic Agreements and Consent: Digital communication may involve agreements or

consents related to financial matters, child custody, or other marital responsibilities. Legal
challenges can arise in determining the validity and enforceability of electronic agreements and
consent within the marital context.

And also Section 122 of the Indian Evidence Act, 1872, is a significant provision that safeguards
the sanctity of communications between spouses. It emphasizes the importance of trust and
confidentiality in marital relationships, ensuring that certain communications remain privileged
and protected from disclosure in legal proceedings. 19 Section 122 establishes that no person,
whether currently married or previously married, can be compelled to reveal any communication
made to them by their spouse during the marriage. This protection extends to both parties,
ensuring that neither spouse can disclose such communications without the consent of the other,
except in specific circumstances.

But online communication between couples can lead to discloser of communication between
couple the online chats or video calls can easily be leaked through hacking and this may lead to
problem but if any partner intentionally disclose the communication between them it may lead to
ultra-virus of section 122 of evidence act.

VII. Examination of the use of social media evidence in divorce proceedings

Social media's explosive expansion has transformed communication and changed many facets of
Indian culture, including the legal system. Since the legal system is always changing in this area,
it is impossible to overlook how social media has affected the law of evidence. The Indian

19
The Indian Evidence Act, 1872.
Evidence Act of 187220 governs the admissibility and applicability of social media evidence in
Indian courts. Social media content is covered by Section 65B of the Act, which deals with
electronic evidence. This clause states that electronic evidence needs to be accompanied by a
certificate attesting to its legitimacy. However, because of legal ambiguity and technical
difficulties, courts have occasionally found it difficult to determine whether social media
evidence is admissible. It is imperative for the legal system to adapt and provide clear guidelines
for the admissibility of social media evidence. There are too many challenges to admit social
media evidence in case of divorce

1. Admissibility: Courts may admit social media evidence during divorce proceedings if it is
relevant to the case. However, the admissibility of such evidence often depends on factors such
as authenticity, relevance, and whether it meets legal standards for admissibility.

2. Impact on Credibility: Social media evidence can impact the credibility of parties involved in
divorce proceedings. Posts, messages, and photos shared on social media platforms may be used
to demonstrate behavior, lifestyle, or financial status, potentially influencing the court's decision
on matters such as asset division, child custody, and support.

3. Privacy Concerns: While social media evidence can be valuable, its use raises privacy
concerns. Courts must balance the admissibility of social media content with privacy rights,
especially when considering private communications or sensitive information shared on social
platforms.

4. Authenticity and Verification: Establishing the authenticity and verifiability of social media
evidence is crucial. Legal challenges may arise concerning the manipulation, alteration, or
misrepresentation of social media content, requiring methods to authenticate the evidence
presented.

5. Child Custody and Parenting: Social media evidence may be used to assess parenting
capabilities and behavior, especially in cases involving child custody disputes. Posts or
interactions on social media platforms can influence court decisions regarding parental
responsibilities.

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The use of social media evidence in divorce proceedings underscores the need for legal counsel
to navigate the complexities of digital evidence, ensure compliance with privacy regulations, and
address authenticity and relevance considerations. It also highlights the importance of exercising
discretion and caution when engaging in social media activities during divorce proceedings.

VIII. CASE ANALYSIS

7.1 Presentation and analysis of specific cases illustrating the legal complexities in the
digital age.

Case study 1: Finding a Partner - Matchmaking Websites and Apps

 Scenario: A young woman in Mumbai, Priya, uses a popular matchmaking platform to

find a potential spouse. The platform utilizes compatibility algorithms and community
filters to present her with profiles of eligible men. Priya connects with Akash, who lives
in Delhi. After several months of online communication and video calls, they decide to
get married.
 Opportunities: Online platforms provide efficient and convenient ways to find potential
partners across geographical and social barriers. They offer a wider pool of options than
traditional matchmaking methods and can facilitate communication and understanding
before marriage.
 Challenges: Authenticity of profiles, misrepresentation of information, and potential for
cat fishing are concerns. Cultural expectations and family pressure can influence online
interactions, leading to hurried decisions or unrealistic expectations. The legality of
online marriages and pre-nuptial agreements in Hindu law remains ambiguous.

Case Study 2: Discord in Marriage - Social Media and Communication

 Scenario: Rahul and Anjali, a married couple living in Bangalore, face constant
arguments and misunderstandings. Rahul spends excessive time on social media,
neglecting Anjali and their family. Anjali discovers disturbing online behavior by Rahul,
leading to accusations of infidelity and emotional abuse.
  Opportunities: Social media platforms can be used for open communication and conflict
resolution between couples. Online resources and support groups can offer guidance and
counseling. Digital evidence of behavior can be crucial in legal proceedings.
 Challenges: Social media can exacerbate existing issues, leading to public humiliation,
cyberbullying, and online stalking. Privacy concerns and the potential for manipulation of
digital evidence can complicate legal cases. The line between personal expression and
marital discord in the online sphere needs legal clarification.

Case Study 3: Dissolution of Marriage - Online Mediation and Divorce Proceedings

 Scenario: After years of unsuccessful attempts at reconciliation, Priya and Akash decide
to divorce. They opt for online mediation through a platform that provides neutral
facilitators and legal guidance. The platform also facilitates online document submission
and communication with the court.
 Opportunities: Online mediation offers a convenient, cost-effective, and confidential
platform for couples to resolve disputes amicably. Digital platforms can streamline legal
procedures, reducing court delays and paperwork.
 Challenges: The effectiveness of online mediation depends on the willingness of both
parties to cooperate. Technical glitches and lack of personal interaction can hinder
effective communication. Legal complexities and lack of legal representation in online
platforms can raise concerns about fairness and justice.

Case Study 4: Online Pre-nuptial Agreements (PnAs) and their Enforceability

 Scenario: Aditi and Siddhant, a young couple from Chennai, decide to draft a PnA before
their Hindu wedding. They use an online PnA platform to create a document outlining
financial arrangements, property division, and inheritance rights in case of divorce.
 Opportunities: Online PnA platforms provide convenient and accessible tools for couples
to discuss and document their financial expectations beforehand. PnAs can promote
transparency and protect individual interests in marriage.
 Challenges: The legal validity of online PnAs in Hindu law remains unclear, leading to
potential challenges in enforcement. Cultural stigma and lack of awareness about PnAs
 can hinder their adoption. The online platform's role and potential biases in drafting the
agreement need scrutiny.

Case Study 5: Cryptocurrency and its Implications for Dowry and Stridhan

 Scenario: Maya, a tech-savvy bride, receives cryptocurrency as part of her Stridhan

(woman's own property) during her Hindu wedding. She faces difficulties managing and
accessing the cryptocurrency due to limited legal frameworks and technological
knowledge.
 Opportunities: Cryptocurrencies offer potential for secure and transparent management of
Stridhan, especially for women living abroad or with complex financial situations. Block
chain technology can provide tamper-proof records and facilitate transfer of ownership.
 Challenges: The legal status of crypto currency in India is still evolving, creating
uncertainty around its use in dowries and Stridhan. Lack of awareness and technological
literacy among women can create vulnerabilities and hinder equitable access. Regulatory
frameworks need to address potential risks associated with cryptocurrency in family law.

Case Study 6: Artificial Intelligence (AI) Chatbots for Domestic Violence Support and Legal
Guidance

 Scenario: Rani, a victim of domestic violence, seeks help through an AI chatbot designed
to provide emotional support, safety resources, and legal information about divorce and
protection orders in Hindu law.
 Opportunities: AI chatbots offer 24/7 access to anonymous support and guidance,
especially for women in remote areas or facing social stigma. They can provide initial
information and connect victims with relevant professionals.
 Challenges: Reliance on AI can be insufficient for complex legal cases and may not
substitute for human interaction and emotional support. Potential biases within the
chatbot's algorithm and limitations in understanding nuanced situations require careful
consideration. Ethical guidelines and data privacy measures are crucial for responsible
development and use of AI in such sensitive contexts.21
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Digital technology presents both opportunities and challenges to Hindu family law. Online
platforms can facilitate marriage, communication, and conflict resolution but also raise concerns
about privacy, authenticity, and legal ambiguities. As technology evolves, legal frameworks and
social attitudes need to adapt to address the evolving dynamics of Hindu family life in the digital
age.

IX. Challenges and Opportunities

9.1 Identifying Legal Challenges faced by individuals and legal professionals.

Legal challenges faced by individuals:

 Validity and enforceability of online agreements: Uncertainty surrounds the legal validity
of online marriage contracts, pre-nuptial agreements (PnAs), and divorce settlements in
Hindu law. This ambiguity creates challenges for couples seeking clarity and protection
regarding their rights and obligations.
 Proof and admissibility of digital evidence: Online communication, social media posts,
and other digital evidence can be crucial in family law cases. However, concerns exist
about authenticity, manipulation, and the admissibility of such evidence in court. Clear
legal guidelines and protocols for handling digital evidence are needed.
 Privacy and data protection: Online platforms collect vast amounts of personal data,
raising concerns about privacy and misuse. Individuals need protection from
unauthorized data access, manipulation, and profiling during online matchmaking,
marriage counseling, or legal proceedings.
 Access to technology and legal resources: Unequal access to technology and legal
resources can disadvantage individuals from marginalized communities or remote areas.
Bridging the digital divide and providing affordable legal assistance are crucial for
ensuring equal access to justice.
 Misinformation and scams: The online space is rife with misinformation and scams
related to marriage, divorce, and legal procedures. Individuals need awareness and
resources to navigate this landscape safely and make informed decisions.
Challenges for Legal Professionals:
 Adapting to the evolving legal landscape: The rapid pace of technological change
necessitates continuous adaptation of legal frameworks and interpretations. Legal
professionals need to stay updated on emerging technologies and their implications for
family law.
 Ethical considerations in using technology: Ethical dilemmas arise regarding online
mediation, AI chatbots for legal guidance, and the use of digital evidence. Clear ethical
guidelines and training for legal professionals are essential to ensure responsible and
ethical practices.
 Data security and privacy concerns: Legal professionals handling sensitive family law
cases need robust data security measures and a strong understanding of privacy
regulations to protect client information.
 Accessibility and inclusivity in legal services: Legal professionals need to adopt
technology-driven solutions to reach clients in remote areas and provide accessible
services to those with disabilities.
 Building trust in the digital legal system: Transparency, accountability, and efficient
service delivery are crucial for building trust in the digital legal system for family law
matters.

9.2 Discussion of opportunities for legal reforms in response to digital transformations

Opportunities for Legal Reforms in Response to Digital Transformations in Hindu Family Law
The digitalization of Hindu family law presents a unique opportunity for legal reforms that can
address emerging challenges and ensure greater fairness, accessibility, and efficiency in the legal
system. Here are some key areas ripe for reform:

1. Legal Recognition of Online Agreements:

 Develop clear guidelines for the validity and enforceability of online marriage contracts,
pre-nuptial agreements (PnAs), and post-nuptial agreements. This could involve
specifying minimum requirements for platform security, content, and witness
verification.
  Establish standardized templates and resources for drafting such agreements, ensuring
transparency and fair representation of both parties' interests.
 Consider the potential of blockchain technology to secure and authenticate online
agreements, providing tamper-proof records and facilitating enforcement.

2. Streamlining and Standardization of Digital Evidence:

 Develop clear protocols for admissibility and authentication of digital evidence in family
law cases, including online communication, social media posts, and financial records.
 Train judges and legal professionals on evaluating the authenticity and context of digital
evidence to prevent misuse or manipulation.
 Explore the potential of digital evidence platforms that ensure secure storage, retrieval,
and sharing of evidence with proper access controls.

3. Addressing Privacy and Data Protection Concerns:

 Implement robust data security measures and privacy regulations for online platforms
handling sensitive family law information.
 Empower individuals with control over their data and provide clear opt-in/opt-out options
for data collection and sharing.
 Consider data minimization principles to encourage platforms to collect and store only
the data necessary for their intended purpose.

4. Bridging the Digital Divide and Ensuring Access to Justice:

 Invest in digital infrastructure and training programs to bridge the digital divide and
ensure access to legal resources for marginalized communities and individuals in remote
areas.
 Develop affordable and accessible online legal aid platforms that offer legal information,
self-help tools, and connections to legal professionals.
 Promote the use of vernacular languages and culturally appropriate content on online
platforms to make legal resources more accessible to diverse communities.
5. Ethical Considerations and Responsible Use of Technology:

 Develop ethical guidelines for the use of AI-powered tools in family law, such as
chatbots for legal guidance or automated mediation platforms.
 Ensure transparency and accountability of algorithms used in legal decision-making
processes to prevent bias and discrimination.
 Promote ongoing dialogue and collaboration between legal professionals, technologists,
and social scientists to address ethical concerns and ensure responsible development and
use of technology in family law.

By embracing these opportunities and addressing the challenges, legal reforms can leverage
digital technology to enhance the efficiency, fairness, and accessibility of Hindu family law,
ensuring that it remains relevant and effective in the digital age.
By addressing the challenges and harnessing the opportunities presented by digital technology,
Hindu family law can adapt to the evolving social landscape and ensure fairness, justice, and
accessibility for all individuals.

X.CONCLUSION