Under historical Hindu law:
- Marriage was a sacred sanskar that could take one of eight forms as recognized by law and involved shastric or customary rites.
- The essential conditions for a valid marriage were identity of caste between parties, being outside prohibited degrees of relationship, and proper performance of marital ceremonies.
- Marriage created an inseparable relationship between husband and wife that could not be dissolved by divorce, as marriage was considered indissoluble under Hindu law.
For Hindus, marriage is a sacrosanct union. It is also an important social institution. Marriages in India are between two families, rather two individuals. The society as well as the Indian legislation attempt to protect marriage.
Marriage Patterns of Muslim’s with Special reference to Mehr as Women’s Propertyinventionjournals
ABSTRACT: Marriage is regarded all over the world as a social institution, whether considered as a sacrament or as a contract. Marriage, apart from giving rise to certain mutual rights and obligations, confers the status of husband and wife on the parties, and of legitimacy of their children. Marriage is more than simply a legalised sexual union between a man and a woman; it is socially acknowledged and approved relationship. In India, people generally believe that marriage is not between two individuals, but it is between two families in terms of bonds that it creates between them. The paper focuses on the marriage patterns of Muslim’s with special reference to mehr as women’s property.
This document provides an overview of Hindu marriage law in India. It discusses the nature of Hindu marriage as a sacred union and religious sacrament rather than a civil contract. It outlines the eight traditional forms of Hindu marriage that were recognized in ancient law, including details on rituals and consent requirements for each. It also summarizes the key provisions and essential conditions for a valid Hindu marriage under the Hindu Marriage Act 1955, such as monogamy, minimum age, prohibited relationships, and registration. Important court cases related to aspects of Hindu marriage law are also briefly mentioned.
Hindu marriages can be summarized as follows:
1. Hindu marriages were traditionally considered sacred and indissoluble unions but modern law has made them more like civil contracts by allowing for divorce.
2. Hindu marriages serve religious purposes like enabling religious rituals and having children to perform funeral rites for ancestors, as well as social purposes like regulating family life and granting social status.
3. Hindu marriages have dual nature - they are considered sacred sacraments by ancient texts and religious ceremonies remain important for validity, but legislation allowing divorce and maintenance has made them more like civil contracts.
This PPT aims to provide knowledge and understanding to the learner about the concept of What is Marriage, What is Brahma Marriage, What is Daiva Marriage, What is Arsha Marriage, What is Prajapatya Marriage, What is Asura Marriage, What is Gandharva Marriage, What is Rakshasa Marriage What is Paishacha Marriage What is Monogamy, What is Polygamy, What is Hypergamy, What is Hypogamy
What is Exogamy, What is Endogamy, Marriage Laws in India, Prohibitions of Marriage, What is Serial Monogamy, What is Polygyny, What is Polyandry etc.
The document discusses the sources of Hindu law including ancient sources like the Vedas, Smritis, digests and commentaries as well as modern sources like judicial decisions and legislation. It then discusses the application of Hindu law to Hindus by religion, birth, or those not following other major religions. Key concepts around Hindu marriage like it being a sacrament, the changes brought by the Hindu Marriage Act of 1955, and conditions for a valid Hindu marriage as per the Act are also summarized.
Hindu marriage is considered both a sacrament and a civil contract under Hindu law. It is a lifelong commitment that joins two individuals for religious and social purposes. Ancient texts describe it as indissoluble and sacred, but modern laws allow for divorce and widow remarriage. For a marriage to be valid, conditions such as monogamy, absence of close blood relations between the partners, and performance of marriage ceremonies must be met.
For Hindus, marriage is a sacrosanct union. It is also an important social institution. Marriages in India are between two families, rather two individuals. The society as well as the Indian legislation attempt to protect marriage.
Marriage Patterns of Muslim’s with Special reference to Mehr as Women’s Propertyinventionjournals
ABSTRACT: Marriage is regarded all over the world as a social institution, whether considered as a sacrament or as a contract. Marriage, apart from giving rise to certain mutual rights and obligations, confers the status of husband and wife on the parties, and of legitimacy of their children. Marriage is more than simply a legalised sexual union between a man and a woman; it is socially acknowledged and approved relationship. In India, people generally believe that marriage is not between two individuals, but it is between two families in terms of bonds that it creates between them. The paper focuses on the marriage patterns of Muslim’s with special reference to mehr as women’s property.
This document provides an overview of Hindu marriage law in India. It discusses the nature of Hindu marriage as a sacred union and religious sacrament rather than a civil contract. It outlines the eight traditional forms of Hindu marriage that were recognized in ancient law, including details on rituals and consent requirements for each. It also summarizes the key provisions and essential conditions for a valid Hindu marriage under the Hindu Marriage Act 1955, such as monogamy, minimum age, prohibited relationships, and registration. Important court cases related to aspects of Hindu marriage law are also briefly mentioned.
Hindu marriages can be summarized as follows:
1. Hindu marriages were traditionally considered sacred and indissoluble unions but modern law has made them more like civil contracts by allowing for divorce.
2. Hindu marriages serve religious purposes like enabling religious rituals and having children to perform funeral rites for ancestors, as well as social purposes like regulating family life and granting social status.
3. Hindu marriages have dual nature - they are considered sacred sacraments by ancient texts and religious ceremonies remain important for validity, but legislation allowing divorce and maintenance has made them more like civil contracts.
This PPT aims to provide knowledge and understanding to the learner about the concept of What is Marriage, What is Brahma Marriage, What is Daiva Marriage, What is Arsha Marriage, What is Prajapatya Marriage, What is Asura Marriage, What is Gandharva Marriage, What is Rakshasa Marriage What is Paishacha Marriage What is Monogamy, What is Polygamy, What is Hypergamy, What is Hypogamy
What is Exogamy, What is Endogamy, Marriage Laws in India, Prohibitions of Marriage, What is Serial Monogamy, What is Polygyny, What is Polyandry etc.
The document discusses the sources of Hindu law including ancient sources like the Vedas, Smritis, digests and commentaries as well as modern sources like judicial decisions and legislation. It then discusses the application of Hindu law to Hindus by religion, birth, or those not following other major religions. Key concepts around Hindu marriage like it being a sacrament, the changes brought by the Hindu Marriage Act of 1955, and conditions for a valid Hindu marriage as per the Act are also summarized.
Hindu marriage is considered both a sacrament and a civil contract under Hindu law. It is a lifelong commitment that joins two individuals for religious and social purposes. Ancient texts describe it as indissoluble and sacred, but modern laws allow for divorce and widow remarriage. For a marriage to be valid, conditions such as monogamy, absence of close blood relations between the partners, and performance of marriage ceremonies must be met.
Marriage is a matter of religious duty for Hindus. For Hindus, marriage is not a matter of “social contract “, nor is it deemed as a “license for sex life”.
These personal laws govern concepts like divorce, maintenance, custody and restitution of conjugal rights (RCR).
In this blog post, we shall discuss the basic concepts of RCR and the procedure to be followed while filing for a petition of RCR. This blog post will also look into the constitutional debate of the validity of this concept in the modern scenario.
This document provides an overview of key concepts in Hindu law related to joint Hindu family, coparcenary, sources of Hindu law, succession and inheritance, adoption, and Hindu marriage.
Some key points:
- A joint Hindu family consists of lineal descendants of a common male ancestor, along with their wives and unmarried daughters. Members are joint in estate, food, and worship.
- Coparcenary is a narrower body that includes only sons, grandsons, and great-grandsons who acquire interest in ancestral property by birth.
- Sources of Hindu law include old sources like the Vedas and Smritis, as well as new sources like principles of equity, judicial decisions, and commentaries
The governing of all marriages of the Hindu religion in India is done under the Hindu Marriage Act 1955. Every aspect of a marriage including Husband, Wife, Marriage, Commitment, Sex and child rearing are covered under this act.
The document discusses the essentials of a valid Muslim marriage under Islamic law. It states that a Muslim marriage is a civil contract that requires: 1) a proposal and acceptance between the parties, 2) the parties must be competent (sane and have reached puberty), and 3) the consent must be free. It also outlines certain prohibited relationships that if married within, would make the marriage invalid or void. Examples include relationships of consanguinity (blood), affinity (by marriage), and fosterage. Polyandry and marrying more than four wives are also prohibited. [END SUMMARY]
The document discusses bigamy and live-in relationships under Hindu law in India. It notes that bigamy was historically accepted for Hindu men but is now illegal under the Hindu Marriage Act of 1955. However, there are loopholes that allow people in live-in relationships or those who convert religions to avoid penalties for bigamy. The document argues these loopholes should be closed as they allow married people to effectively abandon their spouses by entering live-in relationships without legal consequence.
The document discusses marriage, families, and recent changes in mate selection in India. It describes marriage as a socially recognized union that establishes rights and obligations between spouses. It outlines various forms of marriage like monogamy, polygamy, and norms around selecting partners. Indian families have traditionally been joint or extended, but are becoming more nuclear. Legislation has changed practices around things like dowry, child marriage, widow remarriage, and divorce. Selection of partners is becoming less restricted by caste and more influenced by individual choice.
This document provides class notes on family law definitions and types of marriages under Tanzanian law. It defines what constitutes a family and discusses different types of marriages such as Christian, Islamic, Hindu, and customary marriages. It also covers topics like residence after marriage, sororate marriages, levirate marriages, and marriages of convenience such as ghost and barren woman marriages. The document aims to educate students on key concepts and cases related to family law in Tanzania.
Ashutosh Yadav v. State of UP 22nd March, 2024 All HC.pdfVidit Agrawal
Is Kanyadan (कन्यादान) not obligatory religious ritual?
Ashutosh Yadav v. State of UP 2024:AHC-LKO:25688
In the case of Ashutosh Yadav v. State of UP, a single Judge Bench, presided over by Justice Subhash Vidyarthi, Allahabad High Court, recently issued a judgement on a Criminal Revision Petition. The judgement, dated 22nd March, 2024, 2024:AHC-LKO:25688, stated that Kanyadan (कन्यादान) is not necessary for the legal validity of a Hindu marriage.
Position of humans under different personal laws Shreya Chaurasia
People of India belong to different religions and faiths. They are governed by different sets of personal laws in respect of matters relating to family affairs i.e. marriage, divorce, succession, etc. Indian personal law is fairly complex, with each religion adhering to its specific laws. Separate laws govern Hindus, Muslims, Christians, Sikhs and followers of other religions. But not much progress has been made towards achieving the ideal of a uniform civil code which still remains a distant dream.
Position of humans is different under Hindu, Muslim, Christian as well as other personal laws with respect to Marriage, Divorce, Maintenance, Succession etc.
The document summarizes the key aspects of marriage and separation under Hindu law in India. It discusses the nature of marriage historically under old Hindu law as a sacred union versus a socio-legal contract. It then outlines the statutory grounds for judicial separation and divorce established by the Hindu Marriage Act 1955, including adultery, cruelty, desertion, conversion, insanity, disease, and presumed death. It concludes by distinguishing between judicial separation, which suspends marital obligations but maintains the marital tie, and divorce, which ends the marriage completely.
1. Marital therapy aims to help couples address issues in their relationship through counseling.
2. Marriage is a legally recognized union that forms the basis of family and procreation according to Indian society, though views and laws have evolved over time.
3. Factors like compatibility, communication, mutual understanding and respect are important for a healthy marriage, while distressed couples often engage in destructive patterns like coercion and blaming that damage the relationship.
special marriage act by abdul rahman.pptxmootcourtstlc
The Special Marriage Act, 1954 was enacted by independent India to establish a uniform civil code for marriage that protects secularism. The Act provides an alternative to religious personal laws by allowing individuals to marry through a civil contract regardless of religion. It aims to legalize inter-religious and inter-caste marriages by establishing a special form of marriage by registration without any religious ceremonies. The key objectives are to provide for special marriages, registration of marriages, and divorce.
This document provides an overview and comparison of inheritance laws for women in India under different religious personal laws. It summarizes the inheritance rights for Hindu, Muslim, Christian, and Parsi women. For Muslim women, their share of inheritance is generally half of what men receive. The Hindu Succession Act of 1956 and its 2005 amendment improved women's rights by making them full heirs equal to sons. However, discrimination remains for some religious groups. Overall, the document examines how women's inheritance rights vary significantly according to personal laws in India based on religion.
Effective Protection of Muslim Women under Family Law in Iran and IndiaAMU
This document discusses family laws in Iran and India as they relate to Muslim women's rights. It notes that Muslim women face discrimination under these laws, including minimum marriage ages, need for guardian permission to marry, polygamy, lack of women's autonomy, inheritance discrimination, and lack of domestic violence laws. Both Iran and India have laws that restrict Muslim women's rights in marriage and personal freedoms. The document argues that reforms are needed to these family laws to better protect Muslim women's rights and empower them to have equal status as men.
Islamic personal law governs family matters for Muslims, regardless of location. It is based on both divine law from the Quran and Hadith and laws created by man. The introduction discusses key aspects of Islamic personal law like marriage, divorce, custody, and inheritance. Marriage in Islam is strongly advocated and intended to establish families as the basic unit of society. It allows polygamy with conditions but prohibits polyandry. The outline provided covers laws related to marriage, dowry, divorce, post-divorce obligations, child custody, and determining parentage.
Live in Relationship: A Closer Inspection By Vishnu TandiVishnu Tandi
Marriage in the Indian society has been considered as a religious bond or sacrament since the Vedic period. With the ever-changing society and human psychology, the concept of marriage and relationship has also evolved. Live in relationship is one of such concept adopted by numerous couples around the world. The live- in-relationship‟ is a living arrangement in which two people cohabit outside marriage without any legal obligations towards each other”. This form of relationship has become an alternate to marriage in metropolitan cities where individual freedom is the top priority and nobody wants to get involved into the typical responsibilities of a married life. Many people imagine that living together before marriage is like taking a car for a test drive.
Marriage is a social institution that allows men and women to form family units and have children. There are various types of marriages including monogamy, polygamy, polyandry, and types based on family relationships. Marriage serves several important functions like regulating sexual relations and establishing families, as well as providing economic cooperation and emotional support between partners. Several laws have been enacted in India to protect and promote equitable marriages, such as banning practices like sati and child marriage.
Marriage is a social institution that allows men and women to form family units and have children. There are various types of marriages including monogamy, polygamy, polyandry, and companionate marriages. Marriage serves several important functions like regulating sexual relations and establishing families. Several laws have been enacted in India to protect and promote equitable marriages like the Dowry Prohibition Act and Child Marriage Restraint Act.
Joint hindu family or Hindu Undivided Family (HUF) is an exclusive feature of Hindu Law. Joint Hindu family is a unit considers by law as separate entity for the purpose of taxation, but it is not considered as separate legal person. Present slides give an overview of Hindu undivided family and its consequences.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
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Marriage is a matter of religious duty for Hindus. For Hindus, marriage is not a matter of “social contract “, nor is it deemed as a “license for sex life”.
These personal laws govern concepts like divorce, maintenance, custody and restitution of conjugal rights (RCR).
In this blog post, we shall discuss the basic concepts of RCR and the procedure to be followed while filing for a petition of RCR. This blog post will also look into the constitutional debate of the validity of this concept in the modern scenario.
This document provides an overview of key concepts in Hindu law related to joint Hindu family, coparcenary, sources of Hindu law, succession and inheritance, adoption, and Hindu marriage.
Some key points:
- A joint Hindu family consists of lineal descendants of a common male ancestor, along with their wives and unmarried daughters. Members are joint in estate, food, and worship.
- Coparcenary is a narrower body that includes only sons, grandsons, and great-grandsons who acquire interest in ancestral property by birth.
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The governing of all marriages of the Hindu religion in India is done under the Hindu Marriage Act 1955. Every aspect of a marriage including Husband, Wife, Marriage, Commitment, Sex and child rearing are covered under this act.
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The document discusses bigamy and live-in relationships under Hindu law in India. It notes that bigamy was historically accepted for Hindu men but is now illegal under the Hindu Marriage Act of 1955. However, there are loopholes that allow people in live-in relationships or those who convert religions to avoid penalties for bigamy. The document argues these loopholes should be closed as they allow married people to effectively abandon their spouses by entering live-in relationships without legal consequence.
The document discusses marriage, families, and recent changes in mate selection in India. It describes marriage as a socially recognized union that establishes rights and obligations between spouses. It outlines various forms of marriage like monogamy, polygamy, and norms around selecting partners. Indian families have traditionally been joint or extended, but are becoming more nuclear. Legislation has changed practices around things like dowry, child marriage, widow remarriage, and divorce. Selection of partners is becoming less restricted by caste and more influenced by individual choice.
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People of India belong to different religions and faiths. They are governed by different sets of personal laws in respect of matters relating to family affairs i.e. marriage, divorce, succession, etc. Indian personal law is fairly complex, with each religion adhering to its specific laws. Separate laws govern Hindus, Muslims, Christians, Sikhs and followers of other religions. But not much progress has been made towards achieving the ideal of a uniform civil code which still remains a distant dream.
Position of humans is different under Hindu, Muslim, Christian as well as other personal laws with respect to Marriage, Divorce, Maintenance, Succession etc.
The document summarizes the key aspects of marriage and separation under Hindu law in India. It discusses the nature of marriage historically under old Hindu law as a sacred union versus a socio-legal contract. It then outlines the statutory grounds for judicial separation and divorce established by the Hindu Marriage Act 1955, including adultery, cruelty, desertion, conversion, insanity, disease, and presumed death. It concludes by distinguishing between judicial separation, which suspends marital obligations but maintains the marital tie, and divorce, which ends the marriage completely.
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This document provides an overview and comparison of inheritance laws for women in India under different religious personal laws. It summarizes the inheritance rights for Hindu, Muslim, Christian, and Parsi women. For Muslim women, their share of inheritance is generally half of what men receive. The Hindu Succession Act of 1956 and its 2005 amendment improved women's rights by making them full heirs equal to sons. However, discrimination remains for some religious groups. Overall, the document examines how women's inheritance rights vary significantly according to personal laws in India based on religion.
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2. Nature of Marriage before 1955: -
Marriage is one of the oldest institutions of
Hindus.
It is regarded as one of most important ten
Sacraments.
According to Raghunandan, a Hindu Marriage
implies with acceptance of the bride as wife
by the groom through ceremonial process
which is technically known as KANYADAAN.
This mode of marriage is well settled since
Vedic period and has assumed religious
significance.
3. A Hindu Marriage has been said to be
sacrament also because the marital relations
between the spouses are created not on
account any contract between the two but by
virtue of a gift of the girl by her father to the
bridegroom.
This gift is holy and accompanied with the
religious ceremony of Saptapadi or any other
customary religious rites.
In absence of such religious ceremonies and
rites marriage is said to have not to taken
place at all in the eyes of law.
4. Marriage is essential because all the religious
ceremonies and rites are to be performed by a
Hindu in the companionship of his wife
otherwise they will not bear any fruits.
By marriage an inseparable relationship is
created between the husband and wife. The
relationship cannot be broken by any means
whatsoever.
But Narada and Parasar have stated 5
conditions in which a wife could abandon her
husband and remarry –
1. Where the husband is lost; or
5. 2. dead; or
3. Has renounced the and has become sanyasi; or
4. Has become impotent; or
5. Has been ousted from his caste.
But these conditions of remarriage were provided
only for the
Marriages of unapproved forms.
6. Definition of Marriage: -
According to Raghunandan: -
“ The acceptance of bride as his wife by the
bridegroom in a gift by her parents is defined as
marriage.”
According to Lundberg: -
“ Marriage consists of the rules & regulations which
define the rights, duties and privileges of husband
and wife with respect to each other.”
7. Forms of marriage (Before 1955):
-
Smriti, Vedas and Shrutis provide eight forms of
marriage, four of them are approved and four of
them are unapproved.
The legal consequences in approved and
unapproved marriages are not similar – wife in
the approved form enjoys rights and status of
Dharmpatni but in unapproved marriage wife any
status in society and has no rights.
Eight forms of marriage are: -
1. Brahma
2. Daiva
3. Arsha
9. Approved forms of marriage: -
Brahma form: -
In this form of marriage the father of the girl
respectfully invites the bridegroom at his residence,
worships him and requests him to marry his daughter
along with a pair of fine clothes and ornaments. The
father does not accepts any consideration in
exchange of bride. The bridegroom should be
bachelor.
Daiva form: -
In this form of marriage, the daughter is married to
the priest who performs religious acts and rituals for
the spiritual benefits of the father of the bride.
10. Arsha form: -
In this form of marriage the bride is given to a
person, from whom the father has accepted a pair
of cow or bull for religious ceremonies only.
Prajapati form: -
In this form the bride’s father, decorating the
bride with colorful attires and after worshipping
her, marries her to the bridegroom, making the
declaration to the effect that they together may
act religiously throughout and prosper and
flourish in life. It is not necessary that the
bridegroom must be bachelor.
11. Unapproved form of marriages: -
Asura form: -
In this form, bridegroom receives bride b paying
money. This form of marriage is almost a marriage by
sale because it amounts to a sale of daughter by the
father. This type of marriage is practised widely
amongst Sudras of Southern India.
In Venkata Krishnaya vs. Lakshminarayana ILR 32
Mad 185: -
It was held that the validity of a marriage in Asura
form in the present days has been upheld by judicial
decisions and there can be no question of its being
unrecognised today on the score of public policy, but
an arrangement to pay any consideration to the
father or brother of bride cannot be enforced nor can
a suit be filed for its refund.
12. Essential conditions for marriage
under old Hindu Law: -
Under old Hindu Law only three essential
conditions were required: -
Identity of caste between the parties
Parties to marriage must be beyond the
prohibited degrees of relationship
There must be proper performance of marital
ceremonies
13. Identity of Caste: -
If in a marriage bride and bridegroom did not
belong to the same caste, the marriage was
considered to be invalid unless sanctioned by
custom.
Ancient Hindu scriptures prohibited “PRATILOMA
marriage” i.e. a marriage between a girl of higher
caste and the boy of lower caste.
But in “Anuloma marriage” i.e. males of higher
caste and females of lower caste was permitted
and recognised by the Hindu text.
As caste system became more and more rigorous
with time,
14. Identity of caste between the parties to marriage
became one of the essential conditions of
marriage.
But during the British rule several legislative
provisions were enacted which validated inter
caste marriage – Arya Samaj Validation Act,
1937, Special marriage Act, 1872 etc.
15. Parities to be beyond prohibited
degrees: -
Hindu jurists prohibited marriage between
persons related to each other within certain
degrees probably for social reasons so that a
marriage is invalid if it is made between persons
related to each other within the prohibited
degrees, unless such marriage is sanctioned by
customs.
The law of sagotra prohibition was not applicable
to the Sudras as they did not have any gotra of
their own.
Amongst the persons of higher castes too
customary law could validate a marriage between
persons of the same gotra.
16. The parties to the marriage should not be
Sapinda to each other. A marriage between
sapindas was labelled as illegal. “Sapinda”
according to Mitakshara, are the persons who
have in them particles of the body of the same
ancestor.
According to Raghunandan, it was prohibited to
marry a girl if she was the daughter of the
brothers or any of the wives of his fathers or his
daughter or daughter of his guru because of
marriages with such relations would disturb the
social stability.
17. Performance of religious ceremonies:
-
Dharmashastra, there were three religious
ceremonies which were necessary for the
completion of Hindu marriages, namely –
i. Betrothal or Tilak ceremony
ii. Formalities including the recitation of holy texts
before the sacred fire.
iii. Saptapadi
18. Guardianship in marriage: -
Under the Mitakshara the following persons
could act as guardians of the bride for the
purposes of giving her in marriage: -
Father
Grand Father
Brother
Relatives of bride from father’s family
Mother
According to Dayabhag, the bride’s maternal
grandfather and maternal uncle.
19. Effect of marriage: -
After marriage the husband acquires
guardianship over his wife.
They both developed a right over each other and
are supposed to live together.
If the wife lives separately from her husband be
could institute a suit in the court for the restitution
of conjugal rights.( Suryamani vs. Kali kant, ILR
28 Cal 37)
Wife was entitled to claim maintenance from her
husband so long she discharges her marital
obligations.
20. After the marriage the groom was to be the
swami and protector of the wife. After the death of
the husband her sons protect her.
British rulers t o establish their own judicial
system passed many statutes to alter the ancient
textual law in regard to marriage.
21. Summary: -
The Hindu law of marriage, as the British rulers
of India found, interpretated and applied, was in a
nutshell, as follows: -
Hindu marriage was a holy sanskar, it could be
solemnised in one of the eight forms of marriages
recognised by law.
The solemnisation would be according to shastric
form or customary rites.
One could marry at any age, there being no
lowest age of marriage and a man could marry
any number of women.
Inter –religious and inter caste marriage were
prohibited, but the latter could be sanctioned by
custom.
22. Marrying within own’s gotra was not allowed,
except among the Sudras.
Husband and wife would live together, the latter
would submit to the wishes of the former, and the
former would maintain the latter.
Marriage was indissoluble, divorce was not
permitted unless recognised by custom.
Death did not dissolve a marriage and therefore a
widow could not re marry unless permitted by
custom so to do.
23. Divorce and remarriage: -
According to textual Hindu law, an over lasting
bond of relationship comes into existence
between husband and wife after their marriage.
Therefore the question of breaking off the
marriage does not arise at all.