This is also known as an arranged marriage. These were Brahma (bride given gift by father), Gandharva (mutual agreement of bride and bridegroom) and Asura (bride virtually sold by the father). where the bride and groom select each other and perform marriage according to the Shatri rites and ceremony. The nature of modern marriage is contractual. Bigamy in simple terms, means having two wives at the same time. It shows that despite the absence of consent of the bride, the marriage is valid and legal. 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. Conditions for validity of a Hindu Marriage. 1 : Issue 4 – BNWJ-1020-049, Material and Formal Validity of Marriage under Indian and English Law. It is an age-old tradition where the bride’s father presents his daughter to the groom, giving him responsibility for her future wellbeing. They are the two aspects of the same reality. If the husband has pregnant another woman other than the wife. Thus, Hindu marriage is not merely a social contract but a religious sacrament. Required fields are marked *. An arranged marriage may be either in the form of Brahma marriage or in the form of Asura marriage. Marriage between two parties is to establish a relationship between them as husband and wife. (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. According to Section-2 of Hindu Marriage Act, 1955 “any person who is a Hindu by birth or who has changed his/her religion to either any of its forms such as Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj; any person who is a Buddhist, Jain, or Sikh also comes under this act”[4]. A Hindu marriage can be defined as a religious sacrament in which a man and woman are bound in a permanent relationship for physical, social and spiritual purposes of dharma, procreation and sexual pleasure. It is a union of two individuals as spouses, and is recognized by liveable continuity. It is a religio bond and not a contractual union. It is believed that it is the strongest bond between husband and wife. Marriage forms family and thus it can also be said that family is a subset of marriage. The Medieval period of Hinduism lasted from 500 to 1500 AD. A combined reading of Sec. The god of fire, Agni deva is considered to be a witness to be solemnization of the marriage as well as a representative of the supreme being to provide his blessing to the newlywed couple. It is not permissible in Shastri law to have two married women at a point in time. 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. It is a relation established by birth to birth. The first one will be considered a legal marriage. Such marriage is a prohibited relationship until three generations from the girl’s side and five generations from the boy side. Any person born in a Hindu family or has a Hindu father or mother such a person is considered as Hindu by birth. 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. -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. Hindu marriage is “a religious sacrament in which a man and a woman are bound in a permanent relationship for the physical, social and spiritual need of dharma, procreation and sexual pleasure.”. Clause 2 of Sec. It shows that despite the absence of consent of the bride, the marriage is valid and legal. It … But the temporary form of Muslim marriage known as ‘Muta’ can be contracted even with those who have respect for the same scriptures such as the Jews. | Powered by. Certain relationships are under prohibition from the law, to carry out the act of marriage. The importance of marriage is not to the extent of one generation but it is an in-depth belief of Hinduism. The concept of marriage is to constitute relationship of husband and wife. In Hinduism marriage is seemingly one the most important and greatest of all other social institutions. 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. 4084 5203, © Copyright 2016, All Rights Reserved. In the modern world, a father can’t get the girl married to any without a girl’s consent. Nature of Hindu Marriage Marriage and family, the two social institutions with biological foundations are complementary to each other. India, being a cosmopolitan country, allows each citizen to be governed under personal laws relevant to religious views. Hindu law, though believed to be of divine origin, is based essentially on immemorial custom and many of the acts of the people which were purely of a secular nature. 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. Hindu marriage is an ancient tradition which is prevailing from the Vedic periods to the modern world with different modifications that have occurred until now. “ religion clearly remains a significant force in the Hindu marriage is considered as one of the under. Followed till now from the Vedic times and rati ( pleasure ) recognized liveable! Passing and implementing of the marriage according to section 11 rati ( pleasure ) the social institutions the... Sacred in the lives of most people, and is a sacred and. 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