MARRIAGE

Q. What do you mean by Hindu Marriage?

For a Hindu, marriage is a samskara (religious rite or sacrament). It is in fact,
the last of the ten sacraments, enjoyed upon him by the Hindu religion or
purifying by the High Courts of Bombay and Madras. Thus, a Hindu marriage
is looked upon as something which is more of a religious necessarily and less
of a physical luxury. The Calcutta High Court once observed that a Hindu
marriage is more religious than secular in character.
According to the Vedas, a marriage is the union of flesh with flesh and
bone with bone. It is a union which the Vedas regards, as indissoluble. All
men are enjoyed to marry for pro-creating a son necessary for the continuation
of the line of paternal ancestors and for offering pindas. Hindu marriage is not
a contract.

Q. Essential condition of valid marriage under the ancient

textual Hindu Law:- The ancient textual Hindu law prescribed there
conditions for a valid marriage, as follows:1. Identity of Caste:
The ancient texts prescribed that if the parties did not belong to the same
caste, the marriage was invalid unless sanctioned by custom was invalid
unless sanctioned by custom. There texts prohibit a marriage between a mall of
a lower caste and a female of a higher caste (anuloma marriage) was permitted
and recognized by the ancient Hindu texts.
This requirement of the textual Hindu law lost its force after the passing of
the Hindu marriage validity Act, 1948. Which provides that no marriage shall
be deemed to invalid only because to different religious, caste, sub-castes or
sects.
2. Parties should be beyond the prohibited degrees:
The second condition prescribed by the ancient Hindu texts was that a man
could not marry a girl of the same gotra, and that the parties to a marriage
should not be sapindas of each other.

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3. Performance of proper marriage ceremonies:

Under the ancient Hindu texts, there were two such ceremonies, which were
necessary to validate a Hindu marriage, viz., (a) Vivah homa, or invocation
before the sacred fire, and (b) Saptapadi, which consist in the bride and the
bridegroom taking seven steps around the sacred fire, the marriage being
complete only when the seventh steps are taken.

Q. Ancient forms of Hindu marriage:- Eight forms of marriage are

to be found in the ancient Hindu law. They are following types:-

1. Brahama:
When the father or other guardian of the bird makes a gift of the damsel,
adorned with dress and armaments to a bachelor, versed in the Brahama or
Veda. It is called the Brahma form of marriage. In this form of marriage, the
father or some other guardian gave bride away in marriage without receiving
any consideration formulate bridegroom.
2. Daiva:In this from of marriage, the damsel is given to a person who officiated as a
priest in a sacrifice performed by the father in lieu of the dakshina (on fee)
payable to the priest.
The Daiva from of marriage was considered to be inferior to the brahma
form, because in the former the father gave away his girl for the purpose of
deriving a spiritual benefit.
3. Arsha:
When the bridegroom makes a resent of a pair kine to the brides father, it is
known as arsha marriage. If the present is accepted for a non-religious prpose
it becomes asura marriage.
4. Prajapatya:
This ancient form of Hindu marriage was similar to the Brahma form, except
that it was not necessary for the bridegroom to be a bachelor.
5. Asura:
In this form of marriage, the father or some other guardian of the bride was
given some kind of monetary consideration for the marriage. Thus, this form of
marriage was almost a marriage by sale, because it amounted to a sale of the
daughter by the farther.
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6. Gandharva:
The gandharva marriage appears to be union of a man and a woman by their
mutual desire and consent. But ceremonies are necessary in such marriage.

7. Rakshasha:
This from of marriage was preceded by rape or the abduction of a virgin in
times of war. This kind of marriage was affected by a forcible capture of the girl
after her relative had been killed or wounded in the war.
8. Paishacha:
This was the most reprehensible from of Hindu marriage paishacha was a from
of marriage between a girl and a man who had committed the crime of
ravishing a girl while she was asleep or intoxicated. The canons of Hindu law
provided that, in such a case, the man was obliged to marry that girl.

Out of the above eight forms of marriage, the first four are the approved forms,
whereas the last four are considered to be unapproved forms of marriage.

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