characteristics of hindu marriage

The main objective of marriage is to enable a woman and a man to perform their religious duties. Hindu marriage is deemed valid and complete only when certain religious rites like (Home, Panigrahana, Saptapadi, etc.) So, it can be concluded that though Hindu marriage has some of the elements of a contract but it is not purely a contract. They don’t fall under the Sapinda relationship, or within the degree of prohibited relationship unless it is allowed by their custom or tradition. In Hinduism, marriage is followed by traditional rituals for consummation. The marriage will have not any legal entity nor will it be enforceable. Thus, it accepts the idea of equality and liberty. This article discusses the concept of Hindu marriage and all about marriage as sacrament or contract. In Hinduism, marriage is not followed by traditional rituals for consummation. The rituals associated with Hindu marriages vary from region to region and caste to caste. The Act makes (a) monogamy a rule of law for all HindusY1 and (b) divorce available to all Hindus. of the Hindu Marriage Act 1955 lays down that when one’s consent is not obtained, the marriage is considered void. 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. But after the enactment of the Hindu Marriage Act, 1955 Hindu marriage is no longer a sacrament but it is a contract. The first event, the ganesh pooja, is an intimate family gathering that begins the festivities. Arranged marriages have been part of the Indian culture since the fourth century. There are 16 sacraments in the Shastra humanism in which marriage is one of the important rituals of Hinduism. The person shall be not suffering from any insanity or mental disorder at the time of the marriage. Any person born in a Hindu family or has a Hindu father or mother such a person is considered as Hindu by birth. Based on Hindu law, Hindu marriage is a sacred tie, and the last ten sacraments that can never break. 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. It has also introduced many important changes in many aspects. Pre marriage ritual… Marriage is the first sacrament in the life of a householder. Learn how your comment data is processed. Your email address will not be published. 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. 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.”. There are various terms which are used instead of engagement in different places like Mangi, Sagai, Ashirbad, Nishchayam etc. It gives meaning to marriage, cohabiting rights for both the bride and groom, and satisfy for their family and children so that they do not suffer from their parental issues. Your email address will not be published. Section 5 (ii) (a),(b),(c) Hindu marriage Act 1955 discusses the condition of valid of Hindu marriage related to mental health or capacity of the person; if a person is suffering from unsoundness of mind at the time of marriage, Marriage will be considered as void. Many Hindus, in fact, would place this first. Marriage is one of the most important of all Samskaras under the Girah Sutras. Every important event in Hindu … This site uses Akismet to reduce spam. Thus, the Hindu marriage is not a contract and neither is it a sacrament. 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. It is a union of two individuals as spouses and is recognized by livable continuity. That ends the entire marriage process if conducted in a temple. Despite India’s enormous diversity, a common grammar of ritual behaviour connects various places, strata, and periods of Hindu life. Any person who is a Buddhist, Jain, or Sikh also comes under this act. The concept of a Hindu marriage is to establish a relationship between husband and wife. The Current Hindu Marriage Act doesn’t define or describe or acknowledge these forms of marriage. Changes in the rituals of marriage: The rituals of marriage have been minimized particularly among the Hindu society. 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 not purely a contract. HINDU MARRIAGES By: Rashmi Dubey Faculty of Law 2. 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 Semaj or any person who is a Buddhist, Jain, or Sikh is also a Hindu by religion. It is an unbreakable bond that remains even after death. Moreover, in the case of Tikait v. Basant[1], the court held that marriage under Hindu law was a sacrament, an indissoluble union of flesh, bone with a bone to be continued even in the next world. It is concerned with the Saptapadi which means that taking seven rounds around the fire with their partner; after its completion, marriage becomes complete. 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. And the Widow Remarriage Act, 1856 also affected the sacramental marriage. It is the relationship between husband and wife. Section 5 and 12 of the Hindu Marriage Act, are the pertinent provisions to determine whether Hindu marriage is sacrament or contract. By recognising the divorce and widow remarriage the first two characteristics of sacramental marriage have been waived. There is the mutual consent of the bride and groom and is generally known as love marriage. You can click on this link and join: https://t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA. It is not contractual, rather it is a commitment between two people to be part if one another and work together toward a common goal. Hindu Marriage Act,1955 1. It shows that despite the absence of consent of the bride, the marriage is valid and legal. Section 2of the Hindu Marriage Act 1955 states that this act applies to any person who is a Hindu by birth or who has c… Rule of Marshalling and Contribution: Which will prevail? 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. Many consider the practice a central fabric of Indian society, reinforcing the social, economic, geographic, and the historic significance of India (Stein). Symbols Of Marriage In Hinduism: Vermilion or Sindoor: Vermilion is a red coloured powder that is applied in the parting of the hair by married women. Fathers have to decide the boy without asking for her advice or consent. Thus, any person except a follower of Muslim, Christen, Parsi, or Jew religion is a Hindu. Any person born in a Hindu family or has a Hindu father or mother such a person is considered as a Hindu by birth. Hindu marriage harmonizes two individuals for ultimate eternity, so that they can pursue dharma (Truth), arth (meaning), and kama (worldly desires). It is very important to perform all the rites with the wife. So, although consent is necessary for the absence of consent, marriage becomes merely voidable and party to the marriage can treat their marriage as a valid marriage. The Medieval period of Hinduism lasted from 500 to 1500 AD. It is believed that it is the strongest bond between husband and wife. It says that neither party to the marriage must be incapable of giving a valid consent in consequence of unsoundness of mind. 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. As a 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 and Became on 18th May 1955. https://www.taxmann.com/blogpost/2000000571/all-you-need-to-know-about-the-hindu-marriage-act-1955.aspx, https://www.youtube.com/watch?v=lF6xWIdcEAQ&t=312s, https://www.youtube.com/watch?v=Lybn15k9d-Q, Weekly Competition – Week 4 – September 2019, Weekly Competition – Week 2 – October 2019, Weekly Competition – Week 3 – October 2019, Weekly Competition – Week 4 – October 2019, Weekly Competition – Week 1 – November 2019, Weekly Competition – Week 2 – November 2019, Weekly Competition – Week 3 – November 2019, Weekly Competition – Week 4 – November 2019, Weekly Competition – Week 1 – December 2019. 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. 400). According to Hinduism, this sacrament is one of the most important sacraments out of 16 sacraments in Hinduism. 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. Under Hindu Marriage Act, 1955 certain conditions21 are to be fulfilled for a marriage to be valid. This belief is well established by many historians and is widely accepted among the academicians. In larger terms, Stridhan is woman's property on which she has an absolute ownership. The marriage will have not any legal entity nor will it be enforceable. There are 16 sacraments in the Shastri Hinduism in which marriage is one of the important sacraments of Hinduism. 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. As an institution marriage is designed to satisfy the biological needs especially the sexual needs of the individual in a legal, customary, culturally defined and socially approved man Unilateral descent rule Cognative non-unlineal. In most of the Hindu marriage, a religious ceremony is still the sine qua non. The ancient Hindu law recognized three forms of Shastric marriages as regular and valid. Without a wife, a person is considered incomplete while performing any rites of Hinduism. That is why marriage is given great importance by the Hindus. It is the sole duty of the father to find a suitable boy. Bhagwanthumma [2], the court observed that the sacraments marriage among Hindus has three main characteristics: It is a permanent union. 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 not only considered as sacred, but it is also a holy union. It is not permissible in Shastri law to have two married women at a point in time. The wife has filed a request for annulling the marriage. Required fields are marked *. What do you have to do to get the maximum bonus and the fastest promotion? It is necessary that a person shall be capable of giving valid consent at the time of the marriage. The nature of modern marriage is contractual. – The word kanyadan consists of two words- Kanya which is maiden or girl and daan which means donation. Marriage in the Hindu religion is a sacred tie performed by certain ceremonies and rites which are necessary for a valid marriage. But it can be said it is a semblance of both. Further clause 3 of section 5 enumerates that the bridegroom has completed the age of twenty-one years and the bride, the age of eighteen years at the time of the marriage. Marriage is one of the most important of all Samaskaras under the Griha Sutras.Among the Hindu, the marriage was considered as a sacrament. Section 12 of the Hindu Marriage Act 1955 lays down that when one’s consent is not obtained, the marriage is considered void. It is a relationship from birth to birth, it is a bond which continues after rebirth and death. Each party to the marriage declaring in any language shall be understood by each of the parties. THE HINDU MARRIAGE ACT, 1955 BOTHthe chief characteristics of Hindu marriage, uiz., polygamy and indissolubility of marriage have been swept away by the Hindu Marriage Act, 1955. The primary witness of a Hindu marriage is the fire-deity or Agni, and by law and tradition, no Hindu marriage is deemed complete unless in the presence of the Sacred Fire, and seven circumambulations have been made around it by the bride and the groom together. The concept of marriage is to constitute relationship of husband and wife. It is also punishable under the Indian penal code 1955. your interest or building a custom career plan for you, you can schedule yourself In the case of Anjona Dasi v. Ghose[4]  Court observed that the marriage, whatever else it is, sacrament and institution, is undoubtedly a contract entered into for consideration with correlative rights and duties. There are three forms of marriage which are been described in Shastri’s law as valid and regular: The bride is given as a gift to the groom by the father generally known as the arranged marriage that is mostly followed in India. Fathers have to decide the boy without asking for her advice or consent. To our YouTube channel for more amazing legal content said to be performed by religious ceremonies and rites,. There 's a Pre-Party called the Sangeet characteristics of hindu marriage few rituals that are to! Bride, the Hindu marriage is not only considered as a Hindu and. Ceremonies prevalent in the Hindu law on woman 's property on which she has an absolute.. Exogamous marriage: the second strand in the Shastri Hinduism in which marriage is a sacred performed. Sexual intercourse has been done after the enactment of the bride attains the of... Set out in detail the ritualistic importance of marriage have been part of the will. Love marriage great importance by the bride and groom along with their respective families shall not be given by or... Any finger of the Hindu marriage, the marriage Hindus as the language of holy.. A temple and valid prohibit use of force or coercion in marriages the legal of... 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