https://www.toppr.com/guides/legal-aptitude/family-law-II/nature-of-marriage-under-hindu-law/. Nature of marriage under Hindu Law. The marriage renders to be valid if it is performed between Hindu couples according to the customary ceremony and rituals of each party or any one of them. Marriage is a basic social institution. Rule of Marshalling and Contribution: Which will prevail? But it can be said it is a semblance of both. The groom shall attain the age of 21 and the bride attains the age of 18. In this article, she has discussed the nature of marriage under Hindu law. In the meanwhile, if you have any questions, or if you want to speak to one of our counselors about Each party to the marriage declaring in any language shall be understood by each of the parties. Save my name, email, and website in this browser for the next time I comment. There are various forms of marriage under the Hindu law namely: In this form of marriage, the groom gets the bride as a gift. In the modern world, a father can’t get the girl married to any without a girl’s consent. It is believed that it is the strongest bond between husband and wife. According to the Hindu Marriage Act, It is not permissible to have two living wives at the same point in time, which amounts to bigamy. of the Hindu Marriage Act 1996 states that any marriage solemnized after the commencement of the Hindu Marriage Act 1955, if it contravenes any of the provisions of this act, the marriage will be void. – The word kanyadan consists of two words- Kanya which is maiden or girl and daan which means donation. ). Hinduism is the oldest religion which contains a wide range of tradition and culture which are followed by all the Hindus across the globe. Marriage in the Hindu religion is in the nature of Sacroscant which are also called samskaras, basically, the word denotes that it is in the form of a religious rite. This is also known as an arranged marriage. It is an activity which is undertaken by the bride and groom in front of the fire god, where couples go around the sacred fire seven times while reciting certain vows. According to Hindu law, the nature of marriage is considered a sacred tie that cannot be broken ever. It is regardably a punishable offense under Section 494 and 495 of the Indian Penal Code, 1860; for performing the second marriage despite having a living husband or wife. “In Smt. If the person was of unsound mind or minor at the time of the marriage, it was not considered as a void marriage. your interest or building a custom career plan for you, you can schedule yourself Which in turn made the parents of a girl child feel that, a woman is a burden to their family. It is a relation established by birth to birth. Marriage in Hinduism The aims of Hindu marriage are said to be dharma, praja (progeny) and rati (pleasure). They are the two aspects of the same reality. Any person born in a Hindu family or has a Hindu father or mother such a person is considered as Hindu by birth. In our country Marriage is a religious institution which is pivotal for the growth of our society and on a larger frame our country. It is necessary that a person shall be capable of giving valid consent at the time of the marriage. This article is written by Mohd Sarim Khan from Lloyd Law College. This extends to personal laws inter alia in the matter of marriage and divorce. This allows a man and a woman to perform religious and spiritual duties. According to Hindu thought, there is no separation between the Divine and the world of nature. Hindu law is not a law as understood in modern times. The nature of modern marriage is contractual. For a long period of time Hindu marriage rites have been changed accordingly due to the needs and convenience of the people from time to time. It is punishable under. Section 7 of the Hindu marriage act 1955 states the solemnization of the Hindu marriage, a Hindu marriage may be performed by all the ceremonies and rituals of both the party or either anyone. Sapinda relationship is the chain of all the relationship from the side of the brother and sister in the family; they can’t marry each other due to prohibited relationship and also their generation till three generations from the girl side and five-generation from the boy side, till that they all are in Sapinda relationship. It is the sole duty of the father to find a suitable boy. of the Hindu marriage act 1955 states the solemnization of the Hindu marriage, a Hindu marriage may be performed by all the ceremonies and rituals of both the party or either anyone. According to Smritikars even death cannot break this relation of husband and wife which is not only sacred and religious but is a holy union also. There must be an agreement of voluntarily entering into it by both parties. Any person who is a Hindu by religion or born in Hindu family with Hindu father or mother in any of its forms such as Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj or any person who is a Buddhist, Jain, or Sikh is also a Hindu by religion. (i) of the Hindu marriage act 1955 states that at the time of the marriage a person should not have a living spouse. The Nature and the Scope of Hindu Law are described below: “The Indian soil has not only been productive in deep thinkers, eminent founders of world religions and gifted poets, but it has brought forth a system of law, which, after having spread over the whole vast continent of India, has penetrated at an early period into Burma and Siam, and has become the foundation of the written law in these two … It is a union of two individuals as spouses, and is recognized by liveable continuity. Asura marriage is aggressive and forced marriage where the bride is sold by the father, it is still prevalent and performed very commonly even by high-class Hindu. In K. Srinivas Rao v. D.A. The ancient Hindu law recognized three forms of Shastric marriages as regular and valid. Thus, any person except a follower of Muslim, Christan, Parsi, or Jew religion is a Hindu. Instead she had to perform sati. There is no age bar for marriage, and hence many people married during their childhood. In the early times if a husband dies, the woman has no allowance to marry again. According to the Section 5(i) of the Hindu Marriage act, 1955, there should not be a living spouse of a person at the time of marriage. In the case of Adhav v Adhav[7], “the Supreme Court has held that a marriage with a person who has a living spouse is null and void and it cannot be treated as voidable under section-12 of the Act”[8]. To stress the lower role of sex in marriage, the marriage of a Sudra is said to be for pleasure only. Even today, love marriage is looked down upon and the orthodox Hindu priests interdict a love marriage. 4084 5203, © Copyright 2016, All Rights Reserved. Clause 2 of Sec. The cosmic reality is one like the ocean. It helps in and makes easy the study of the actual meaning of the law. “Religion clearly remains a significant force in the lives of most people, but its role varies across cultures”, said Green. There are three important stages wherein certain ceremonies are to be performed. According to section-8 of the said Act, the registration of marriage shall take place according to the requisites mention under the said section of the Hindu Marriage Act, 1955. The concept of marriage is to constitute relationship of husband and wife. Top 10 Blogs and Websites for Merger and Acquisition lawyers in India, Free trade agreements blueprint for future multilateral trade rules and negotiations, Strict laws and better implementation : need of the hour, Conflicting rights perspective – equality and positive discrimination, How to become a sought after junior resource in your team. Hindu law is a set of personal laws governing the social conditions of Hindus (such as marriage and divorce, adoption, inheritance, minority and … It has both, the theoretical value as well as practical value at the same time. Required fields are marked *. It is very important to perform all the rites with the wife. We live in a generation where the life is too f… It has educational value. Section 5 A valid marriage shall be solemnized between two Hindus if the following conditions are fulfilled: Section 5 (i) of the Hindu marriage act 1955 states that at the time of the marriage a person should not have a living spouse. Marriage is in contravention of Section 5 (ii) of this Act which states that the bride shall attain the age of 18 and the groom shall attain the age of 21. Your email address will not be published. These marriages are prevalent in the present modern world. It is an unbreakable bond that remains even after death. Such marriage is a prohibited relationship until three generations from the girl’s side and five generations from the boy side. Nature of Marriage under Hindu Law. Section 11 of the Hindu Marriage Act 1996 states that any marriage solemnized after the commencement of the Hindu Marriage Act 1955, if it contravenes any of the provisions of this act, the marriage will be void. It is one of the most important duties of the father to bring up the girl child, find a suitable boy for her and do Kanyadan for the girl. To stop such practices, there was passing and implementing of the Hindu Marriage Act in the year 1955. (iii) of the Hindu Marriage Act 1955 states that the bridegroom has completed the age of twenty-one and the bride has completed the age of eighteen years at the time of the marriage. Hindu marriage harmonizes two individuals for ultimate eternity, so that they can pursue dharma (Truth), arth (meaning), and kama (worldly desires). It is a punishable offense under section-494 of the Indian Penal Code, 1955. -Hindu engagement is an important pre-wedding ritual in Indian culture, it is a type of culture in which the bride and groom come face to face and are engaged with a religious bond by each other’s families. It is very important to perform all the rites with the wife. The provision of section 494 and 495 of the Indian Penal Code 1860 will be applicable to the person performing the second marriage after already having a living husband and wife. All the rules made in this section shall be laid before the state legislature as soon as May. It is concerned with the Saptapadi which means that taking seven rounds around the fire with their partner; after its completion marriage becomes complete and binding. Sapinda relationship is the chain of all the relationship from the side of the maternal or paternal side in the family. It is not enforceable. It is an age-old tradition where the bride’s father presents his daughter to the groom, giving him responsibility for her future wellbeing. There are 16 sacraments in the Shastri Hinduism in which marriage is one of the important sacraments of Hinduism. There are various terms which are used instead of engagement in different places like Mangi, Sagai, Ashirbad, Nishchayam etc. Through sex is one of the function of marriage it is given third place, indicating there by that it is least desirable aim of the marriage. It is not a matter of fact, whether a child is legitimate or illegitimate if either of his parents is Hindu then a child out of such wedlock will be deemed as Hindu[5]. Thus, Hindu marriage is not merely a social contract but a religious sacrament. The Hindu tradition of “Vagdanam” dates back to Vedic period where the groom’s father gives their words to the bride’s father that they will accept their daughter and will be responsible for their future well being. It is an enduring bond of the husband and wife which is permanent and tied even after death and they will remain together after the death. Hindu marriages. It gives, to general prudent person, the understanding of the nature of law. In addition to Section 5, of the Hindu Marriage Act, 1955, according to Section 7 of the said act, for solemnization of a Hindu Marriage, its performance shall take place with all the ceremonies and rituals via both the parties getting married; which includes saptapadi, where the bride and groom take seven rounds around the fire and only after the completion of this the marriage is complete and binding. from Lloyd Law College. man started leading some civilized life. These were Brahma (bride given gift by father), Gandharva (mutual agreement of bride and bridegroom) and Asura (bride virtually sold by the, Ceremonies to be performed in a Hindu Marriage. Marriage as Sacrament•Marriage is one of the essentialsamskaras (sacrament) for every Hindu•Even in the patriarchal society of theRig Vedic Hindus, marriage wasconsidered as a sacramental union• it continued to be so in the entireHindu period, and even in ourcontemporary world most Hindusregard their marriage as a sacrament 7. They are bound to each other until the death of either of them; and the wife is supposed to be bound to her husband even after death.” There was involvement of the dowry system during marriage. It is a bond two parties share that no one can take away from them; unless and until divorce takes place. “The term marriage has been derived from merry which means happiness and its equivalent in Hindustani is ‘Shad’, a Persian word”[2]. 5 of the Hindu Marriage Act deals with the mental capacity of the parties. Contract of Guarantee, Kinds, Functions under the Indian Contract Act, 1872. Marriage as a concept has evolved according to time, place, people, and culture. The concept of marriage is to establish a relationship between husband and wife. The institution of Hindu marriage occupies a prominent place in the social institutions of the civilized world. Such relationships fall under the concept of Sapinda relationships. For a valid marriage to take place a person shall be capable to give consent for such an act. Previous article Hindu Law Explained- Nature, Scope And Sources of Hindu Law. LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. An arranged marriage may be either in the form of Brahma marriage or in the form of Asura marriage. The person shall be not suffering from any insanity or mental disorder at the time of the marriage. Hindu marriage as per Hindu Marriage Act, 1955 is a ceremonial sacramental marriage and it must be solemnized in accordance with customary rights and ceremonies of one of the two parties and in case essential customary rights and ceremonies of atleast one is not performed than there can be no solemnization of marriage and in that case it will be no marriage at all. Any person who is a Buddhist, Jain, or Sikh also comes under this act. It is necessary that a person shall be capable of giving valid consent at the time of the marriage. Each party to the marriage shall put the ring upon any finger of the other. [2] Mayank Shekhar, Concept and forms of marriage, Legal Bites – Law And Beyond (2017), https://www.legalbites.in/concept-forms-marriage/ (last visited May 1, 2020). Fire or Agni is considered highly sacred in the Hindu religion, vows taken in front of the Agni are unbreakable. Any child born after performing the marriage according to this section will be legitimate. Avoidance of Sapinda can be achieved as the girl reaches the fourth generation and boy (brother) reaches the sixth generation after that both families can have a  marriage that will be neither prohibited relationship nor Sapinda relationship. A valid marriage shall be solemnized between two Hindus if the following conditions are fulfilled: doesn’t have a spouse living at the time of the marriage. The conditions mentioned under section-5 of the Hindu Marriage Act, 1955[6] are the valid requisites to perform a marriage under the Hindu Law. It is also punishable under the Indian penal code 1955. The wife has filed a request for annulling the marriage. In this video we have discussed sacramental nature of the Hindu marriage, it is said to be sacred as it is indissoluble or irrevocable. Question: What is the scope of reconciliation in any divorce, maintenance petition filed before the court under Hindu Marriage Act? It is prevalent in the modernized part of society, where both parties get equal opportunities to select each other. 1 : Issue 1 – BNWJ-0720-015, Jurispedia – Vol. Thus, it accepts the idea of equality and liberty. May 16, 2017 May 16, 2017 ~ lawnotes. According to the Muhammadan law, marriage (nikah) is a civil contract, the object whereof is to legalise sexual intercourse and the procreation of children. 1 : Issue 2 – BNWJ-0820-029, The Transgender Persons (Protection of Rights) Act, 2019: A Brief Overview, Jurispedia – Vol. The marriage will have not any legal entity nor will it be enforceable. for a live call here: +91 11 The object of marriage was to enable a man and a woman perform religious duties and to beget progeny. It shows that despite the absence of consent of the bride, the marriage is valid and legal. Nature and Scope of Hindu Law. A sacramental union implies that it is a permanent bond that does not end in this world or after the death of either partner but it continues even after death, in the next life”[1]. Without a wife, a person is considered incomplete while performing any rites of Hinduism. It is the donation of a girl. Jurispedia – Vol. This movement is also known as phera. Any child, legitimate or illegitimate if either of his parents is Hindu, if he is brought up by the parent who is hindu shall be considered as Hindu by birth. It has been adopted due to western Ideas. The marriage will have not any legal entity nor will it be enforceable. (7) Marriage with follower of other religions: According to the shia rule of marriage the bride and the bride – groom both must be Muslims in order to contract a valid Muslims marriage. In the case of asura marriage, the father sells the bride and forces her for marriage. Hindu Marriage refers to kanyadan which means gifting a girl to the boy by the father with all the tradition and rites or custom. If there is no implementation of the conditions under the act then such a marriage is not considerably a valid marriage. According to Max Weber marriage is a As part of the Hindu Code Bill, the Hindu Marriage Act was enacted by Parliament in 1955 to amend and to codify marriage law between Hindus. Next article Schools of Muslim Law- History, Their Difference, Practice Obtainable - Advertisement - More articles. Any marriage solemnized after or before the commencement of this will be voidable on the following grounds: This article discusses the concept of Hindu marriage; to whom Hindu marriage act 1955 applies, how many forms of marriage are valid in Hindu marriage and different ceremonies performed before the marriage, validity of a marriage, who is sapinda, ritual, and customs of the marriage. If the person has not attained given in section 5 (iii) the marriage will be void it has no legal status. It … It also applies to any person living outside this territory except who is a Muslim, Christan, Parsi, or Jew by religion or it is proved that such person is being governed by Hindu law. Section 5 (iii) of the Hindu Marriage Act 1955 states that the bridegroom has completed the age of twenty-one and the bride has completed the age of eighteen years at the time of the marriage. The sacramental nature of the Hindu marriage implies that “as marriage is said to be sacred it is irrevocable, the parties to the marriage cannot dissolve it at will. India, being a cosmopolitan country, allows each citizen to be governed under personal laws relevant to religious views. So, in the present world, people are not obsessed with only these forms of marriage. According to Hindu law, the nature of marriage is considered a sacred tie that cannot be broken ever. Girl leaves their gotra and enters into the gotra of the boy. The consent shall not be given by coercion or threat. According to Hinduism, this sacrament is one of the most important sacraments out of 16 sacraments in Hinduism. To take by decision into a relationship; particularly to take willfully (a youngster from different guardians) as one’s own kid. According to ancient writers a man … Any person born in any community apart from Muslim, Christian, Jews is also a Hindu. But in the present world, consent and mental soundness of the person are a very essential part of the Hindu Marriage, without the absence of any such element marriage will be annulled or void or no legal entity.
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