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HINDU MARRIAGE

By

Tamil Selvi M, III year of B.A.,LL.B.


Introduction

A man who's being a Hindu marries another Hindu woman this marriage is known as the Hindu Marriage. Marriage means a person chooses their life partner and marries them based on their custom and usage. Hindu marriages come under the Hindu Marriage Act 1955. It was enacted in 1955. There are eight types of marriage in Hindu religion. They are Braham marriage, Daiva marriage, Arsha marriage, prajapatya marriage, Gandharva marriage, Asura marriage, Rakshasa marriage, paishacha marriage. Nowadays Asura marriage, Rakshasa marriage and paishacha marriages are not valid. Here I explained about these eight types of marriages and also the conditions for the valid marriage and when Hindu marriage becomes void based on Hindu Marriage Act 1955.


Eight types of Hindu marriages


1. Brahma marriage

In “Dharma” text Brahma marriage is explained as the gift of a daughter, after that a man who is selected by the bride's father is beautified with ornaments and he has also learned from Vedas that marriage is known as a "Brahma marriage". The Brahma marriage is most commonly followed by Hindu and it is the supreme marriage for all the eight types of marriages ."Brahma" marriage Hadamard importance in the "manusmriti".


2. Daiva marriage

Daiva marriage is unlike Brahma marriage. In this marriage, the bride's father gave his daughter to the priest as a sacrifice fee. This type of marriage the groom is not coming to see for a bride and also the bride's parents only go to see the groom for their daughter.


The Daiva marriage is degrading to the woman for not looking at their groom before marriage and also it is a benefit to the bride's father for using her daughter as a sacrifice fee.


3. Arsha marriage

Arsha marriage is different when it is compared with the first two types of Brahma and Deva marriage. In Arsha marriage happens with Rishi or sages. In this marriage, the bride's father doesn't need to give any gift to the groom. Only the groom's father gave two cows or bulls to the bride's father because the bride's parents are not able to afford any gift to the groom so that the daughter marries the Rishi by exchanging two cows and bulls. Arsha marriage is not like followed by everyone this marriage is like a business transaction.


4. Prajapatya marriage

Prajapatya marriage is having some of the similarities like Brahma marriage.

In this marriage, there is no trading or Kanyadan. The main condition for this marriage is the bridegroom treats their bride as equal to them and also together they follow their religious duties as requested by the bride's father.

These four types of marriages are most commonly followed by the Hindu.


5. Gandharva marriage

In a Gandharva marriage, the bride selects her groom without the consent of her father. Gandharva marriage is like love marriage.


6. Asura marriage

This form of marriage provides the groom with all the amount of wealth that he can give it to the bride's father. This marriage is the form of condemned marriage.


7. Rakshasa marriage

This form of marriage the group brutally updating Bride and affects the family and relatives after that he marries that bride.


8. Paishacha marriage

The paishacha is more atrocious in marriage the groom having sexual intercourse without the consent of the bride while she is sleeping or intoxicated are affected by any mental disorder based on this act the girls and her parents feel shame and after that, they accept this marriage.

These four types of marriages are an unapproved form of marriage.


Valid marriage

Bride and bridegroom and their parents want to fulfil some conditions to become that marriage lawfully valid. Conditions are given under section 5 of this act.


Section 5

These are all the conditions:

● Each of them is already not have been married

●Bride and bridegroom must have the capacity to give the consent of their marriage. Neither one of them nor incapable or suffering any mental illness or insanity at the time of the marriage.

● Male Hindu whose bridegroom must be completed his 21 age and female who is bride completed her 18 age before marriage.

● Bride and bridegroom not in a prohibited relationship if their custom and usage allow these kinds of marriage that are considered as the valid marriage

●Both of them are not sapindas if the customs and usage allow these kinds of marriage to become valid.


Section 7

Under section 7 of The Hindu marriage mein happened based on the air ceremonies and Customs. Most of the Hindus followed Saptapadi. That is Bride and bridegroom taking seven steps in front of the sacred fire after that the marriage becomes complete.


When Hindu Marriage become void?

The marriage becomes void if it doesn't fulfil the last three conditions of a valid marriage. And also both of the parties get divorced so that marriage becomes void. Divorce is coming under section 13 of the Hindu Marriage Act. These are the grounds for divorce


● If one of the spouses had sexual intercourse voluntary with another person or

● Based on reality by the spouse or their parents are their blood relatives or

● One of them is converted into the other religion or

● If the husband and wife become unsound mind or

● Affected by incurable diseases like leprosy or

● Affected by any communicable diseases or

● Renounced to the world or

● Has not been seen by anyone for seven years


Section 13-B

If the married couples want to end their marriage relationship mutually it comes under section 13b of this act divorce by mutual consent.


Based on Section 8 of the Hindu Marriage Act the marriage must be registered if the registration is not completed that marriage also becomes void.


Conclusion

These are all the types of Hindu marriage and conditions for valid marriage and void marriage. Punishment for some marriage related offences like marrying another person in the lifetime of the spouse or having sexual intercourse with another person or cruelty under the IPC (Indian Penal Code). Inter religion marriages come under the special marriage act 1954.