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Marriage Under Hindu Law
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B Chapter IT Marriage Under Hindu Law 11 Definition of Marringe "A Hindu marriage is a holy union between a Hindu man and fo geforce of religious duties, Aezording fo Hindu Law, manage i @ nace me sacrament and "According to section. 427(1) of the principles of Hindu Law, marriage acconding tpHlindu Law is a holy union forthe performance ofreigous ties.” 22 Forms of Marriage ‘According to section, 428 (1) of Hindu Law, the ancient Hindu Law recognized cht forms of mariage of which four were approved forms and four unapproved forms. ‘The approved forms were Brahma, Daiva, Arsha and Prajeptatya. The unapproved forms were Asura, Gandharva, Rakshasa ‘and Paishacha. The only forms of marriage now recognized are {the Brahma form, which is one ofthe approved forms, and (i) the Asura form, which is one of the unapproved forms. “ofthe bride gives the bride in marriage without ‘marriage, the ©) Where the father or other guard riving the any consideration from the bridegroom for giving the girl in [NM TRIPATHILTD. 1947, P10. Privated Limited, 1964, P63. ples of Hind Lav, 2" ton havala, NH, BA, LLB, Prin Maw, 12° edition, NM Tripat Mulla, DF, Principles of Hind4 is called Brahma But where be poe ives ides pri i aie oF brides price, the mariage is calle Fens sori 0 tts pres 16 get ons eomsier atin Was recy ae Consideration, which is technically ‘stra, even though it may have beet ed for send Forth Brahma fom. The test in each casei, A pment © Ber doe BUEN an Asia mre Hindus belonging to any class m, : @) ay marry either i Ga pumatiy ed in the Brahma form or the Asura form. THUS - mntract an Asura marriage and a sud Ono a sudra may contract @ 33 Essentials of Marriage se esentils of marriage are as follows, the two ceremonies 0 ies to the i @)__ theparties to the marriage must not be within the prohibited degree of relationship and (3) _ the parties must belong to the same caste."* (1) The two ceremonies "There are two ceremonies essential to the validity of a marriage, They are ~ () _ Vivah homa, invocation before the consecrated fire and (i saptapadi, which consists in the bride and bridegroom jointly walking seven steps round the consecrated fire.** ‘According to section. 437 of Hindu Law, (1) there are two ceremonies essentials tothe validity of'a marriage, whether the marriage be the Brahma from or the Asura form, sanely. () invocation before the sacred fire, and (ii) saptapadi, that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire. “The marriage becomes completed when the seventh step is taken; til then itis imperfected and revocable. 2) A marriage may be completed by the performance of $ Mull, D.R, Principles of Hindu Law, 1968, P.604 lab, N.H, B.A. LLB, Prineples of Hindu La ‘Ibid, P17, PAs.ois oter than those remedy 4 i in ' ce of caste to which the parties eng Subsection (1), o@®™ pecording 1 Hind Law, i 5 sory mth case Of Mag of ying wt het itis allowed by the etme se Sid ‘ lows. 6 BP 0 religious ceremonies are re partes (0 the marriage magn i ot be wit; relationship be within the prot differer cenved five depres and seven degrees on gene fom his and who is ‘Among Brahmins, fathers side respectively. Kshatriyas and Vais pciwanarng mente spin sgemreamerne enere concerned = Prohibition is thatthe parties must not be sapindas, To summarise, in any cast the bridegroom selected must be a person () outside the family and (ii inside the caste According to the Mitakshara, sapindas are the persons who have in them particles of the body of the some ancestor; according to the Dayabhags, sapindas are persons comected by the offering of a funeral cake. According to the Mitakshara, all those sspindas cannot inter mary; who have descended form a common ancestor, and being taced on the father's side are not beyond the seven degree, ot on the mother’s side not seyond the fith degree, both the ancestor and the persen in question counted as one degre." {8) The parties must belong to the same caste "A Hindus cannot contract a legal mariage with any wornen unles se belongs 19 fis own east, hence a Hindu of the Brahmin, Kshatiya, Vanya or Suir cate cannot ee conract valid marriage inthe orthodox styl with « Myanmar Buddhist. * Mula, D.F Principles of Hindu Law, P15. id, F503. a *abvaa, Ni, Principles of Hind Law, P18: Maung Man Vs Doramo, 3 L-MLR 244ote ements relating to Hindy Mariage ther elements relating to marriage areas follows; Ae of boy and girl ° a) Consent of parties {g) Sound and sane mind of parties ig Novalid subsisting mariage or woman (1) Ageof boy and girl "According to Hindu Customary Law, the marriageable age of Hidu husband and wife are not designated and the term of puberty does not include in the capacities of marriage. "Under Hindu Customary law, the marriageable age of boy is not designated. The Hindu Code written by Sir Hari Singh Gour stated that a boy may marry at any age. However, itis prescribed that a boy attains puberty when he is completed the age of 16 Jeas, So, a boy who is completed the age of 16 years may marry." According to Hindu Customary law, the parents give the marriage of their daxghor at the age of 10 years or 12 years before their puberty or spinster." "The inority age of gti not found in the Hindu treaties. Therefore, the Courts are regusted that th age of gil is 16 years a8 wel as a boy. Ifa boy anda gil is completed the ape of 16 years, they can contract to marry." : 'S. Anamalay Pillay Vs Po lan, 3. LMR, 228 e Pra ‘Chandra Vs Emperor, LL. (1830 2.Cal 221 $ Snbala, NH, Principles of Hindu Law, P19. a prs NA Prin es Main Cin aint Maas 1992, P20. “ig P22 wid P32,ie ewe pres amino coment of Parties yaindus marriage is a ‘Sacrament and it ig according to section 42702) of the Sosaceae : ciples of Hi apoit by forse OF Fraud is altogether inva, ines of Hind law, a mariage brought jcc in Hind marriage, However, ‘Therefore, the consent of parties is the mari age of Hindus i it minority is usually brought about by feiepaens on het eal uring the ‘According to section. 433 of Hindu La i) Te Sastras enjoin the mariage ofa female be este les fr grasp in aig, Te rire she arrives at puberty and A gr mentioned below, t0 give agin marge - sector reat “According to the Mitakshara school, o ‘the father; (@) the parental grandfather 6) _ the brother; (other parental relations of te gin onder of poping () the mother." {@) Sound and sane mind of parties According to section 427(1) of Hindu law, there are however degree of insanity of such a character as to make the bridegroom and if the mental aberration is not conies of marriage and taking an intelligent part in incapable of understanding the cerem them, the marriage should be held to be valid’ ‘The person may be a minor or even of unsound mind or deaf or impotent, and yet, ifthe marriage nite is duly solemnized and there is doctrine of factum valet applied and the marriage is valid and irevocable"” Jest izoen bt Dea (Malla, DF, Principles of Hindu law. bid, 603. ‘id, P.607 Sid 603, Dada V Rukhmabs, 10 Bom 501 dumb or even no fraud or foree the18 yovalid ‘Subsisting marriage for woman oy gecording to section. 431 of the Pri a Principles of Hind nan while het husband is alive, except wiy bs Te her marriage has been dissolved by Law, a Woman cannot marry 5 Coremonies of Marriage "A Hindu marriage isa sacrament and not a contract. it can tke ple according ‘othe eae rites and ceremonies, "There are two ceremonies essential tothe validity ofamarriage. They are {p___ Vivah homa, invocation before the consacaed fre nd qi — Saptapadi ‘which consists in the bride and the bride groom jointly walking seven. steps round the consererated fire." “Hindu marriages are the most Lavish and extensive. They extend over a period of four to five days. They are highly traditional and strongly adhere to the ancient customs and taditions. Moreover, wedding is considered on important religious paretcs in Hindu religion. It is held as one of sacred sixteen sanskars or sacraments, I isnot just the bond tetween two people but also below two families. The Hindu marriages is primarily divided into three segments, pre wedding rituals, wedding rituals and post wedding rituals. ‘The pre wedding rituals comprise of engagement tilak, sagai, incandi. The engagement can also be called the ring ceremony, wherein the prospective in which the bride's brother applies es rings. Next is the Tilak ceremony, i is, the Sagai ceremony is conducted in sangeet and couple exchangs flak to the bridegroom and gives him gifts Afier thi lit to pacer ocho ei Tes camer Se SS SSS wherein the female members sign and dance to rejooe the oesriso8 Just before the wedding, the Mebandiceemony i organized, in which Mand applied on bride's hands and feet. paaeie see Mulla, D.F, Principles of Hindos Law, P606. "Ibid. 2 id, pa. *Tbala, NH, Principles of ing 4%jqual is performed. In this rt é ot! bis Sritual, the bride's father gives eo a pied whe bride and the rThe bride Sroom take the first step of the seven vows to pledge that they ‘away his daughter to the Mangalpheras take place led Saptapadi, and promise to xm, while the priest chants mantras. Aer thi is, tye seared fie, They also takes the seven vows cal hem throughout their lives.™”5 oad ove # prospered Living forthe household or the family tat they would look “panda those that might inde he ely ving i ond During the second step ofthe seven pheras, the bride and the groom promise that sey would develop their physical, mental and spiritual powers inorder to lead a lifestyle sgt would be healthy. During the third vow, the couple promises to earn a living and increase by righteous and proper means, so that their materialistic wealth increases manifold. ‘While taking the fourth vow, the married couple pledges to acquire knowledge, tapriness and harmony by mutual love, respec, understanding and faith ‘The fifth vow is taken to have expand their heredity by having children, for ‘yom, they will be responsible. They also pray to be blessed with healthy, honest and brave children, While taking the sixth step around the sacred fire, the bride and the groom pray forselfcontrol of mind, body and soul and longevity of their marital relationship. When the bride and the groom taken the seventh and the last vow, they promise that they would be true and loyal to each other and would remain companions and best of ‘ends forthe lifetime." “After this, the bridegroom puts sindoor or vermillion in the bride's hair parting. ‘This s followed by tying of mangalsuta around the bride's neck bythe bridegroom. ‘The post wedding rituals comprise of vidaai ‘and reception. In the vidaai ceremony the family of the bide gives her a sobbing frewell, Before leaving, the bride throws tuck three handrul of rice and coin over her shoulders, towards her parental home, This is done to ensure wealth and prosperity remains in her home forever, On the arrival atthe edeproonts house, the nev couple welcomed By the iegrooms mother, wih traditional aarti20 pe bride is asked to knock a vessel filled with Tice, kept at the entrance, She then pec fet ne iste of red vermllion and enters the house, leaving foo prints on the a us ital 8 practiced asthe bride is considered a form of Godness laxmni. After font ou amber of Wedding games are played t0 make the bride comfortable. Furthermore, wis gon party is organized by the bridegroom's family in the evening. This is ged to welcome the new member and introduce her tothe associates,"”” ‘The marriage of Hindus is a sacraments which is no tight of divorce. In marriage, _gpough the consent of partis iS necessary, the mariage of Hindus is usually brought goby teitparens during their minority, Therefore, we find thatthe consent of parents js ore important than the consent of parties. A Hindu cannot contract a legal marriage ih other religion and with any woman unless she belongs to his own caste under Hindu customary Law. It is necessary the two ceremonies of marriages to become the valid mariage, they are vivah homa and saptapadi. The bride and bridegroom shall jointly walk even steps round the consecrated fire and the marriage of Hindus becomes completed when the seventh step is taken by the bride and bridegroom. This is a salient ceremony of sHindus religion.CONCLUSION Mariage of Myanmar Buddhist is iil and consensual contet. ini a . Similarly, age of ‘Mohammedan is a contract for the procreation and the legalizing of their al i the marriage of Myanmar Buddhists and Mohammedans is based on the ren: 8 onset oF PaTHES: That consent of partes must be free consent. In Hindu religion, cige 8 9 seamen for the performance of religious duties. The marriage of crisians is considered the Union between man and woman predestined by God. ‘According to Myanmar Customary Law, the mariageable age of boy 15 not soy fsed. IF Myanmar Budit man is physically competent for marriage, he may contract to enter into a ‘valid marriage. Myanmar Buddhist woman must be 20 years of age. Inthe Court, the manageable age is fixed at 18 years, In Hindu marriage, boy and gst must have attained the age of 16 yeas However, the marriage of minors is ysvally brought about by their parents of their behalf during their minority. The rnariageable age of Mohammedan is te a8° ‘of 15 years. The marriage of minors ray take by their guardians. According (9 the Christian Marriage Act, a spinster oF vf 21 years may marry with their free consent. ‘The achelor who has attained the ge 0 ‘behalf to the ‘minor's: futher or guardians ot moter of minor MAY ive consent on their marriage. not contract to enter into a valid ‘Buddhist and Christan’ Lane persons may marriage. In ‘Mohammedas!s marriage, lunatics may lindu marvioge, if the marriage rite is duly solemnized, the sparrage is valid and irevocable Myanmar Buddhist woman cannot be validity contracted by their respective guardians. 18 sound mind and the ‘Customary Law, ofa valid mariage. But, Myanmar Buddhist man ally recognised. Hindu and person may be UD ‘According f° Myanmar jng the subsistene wife because polygamy is leg more than one y system, According to Christian are also exercised the polygam ih pastes can ot may SBN valid marriage during a subsisting Martiag gana the Christin exercised the monogamy System. dd not prohibit Myanmar Buddhist from mamying yr ig yanmar Buahist women have fed the many injuries vith othe jons, Nowadays, Myanmar Buddhist woman ™3) oer religion acording to the Myanmar Buddhistcordance with the provisions of istian Marriage Act, Christian Myanmar Buddhist and Mohammedans are not necessary the ceremony of marriage in order fo constitute a valid manage. But, the ceremony of mariage is necessary for Hindu and Christian religions, Hindu ‘marriage is a sacrament and their suariage is extensively celebrated with the ceremonies, In the ceremony of mariage, they complusory take the seven vows called saptapadi, and promise to abide by them throughout their vital because it is exactly provided for solemnizing the marriage.
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