What is Nature And Concept of Hindu marriage

Marriage

Under the ancient Hindu law, there were formerly eight forms of marriage four approved and four unapproved. A wife married in an approved form become a “Patni” and in no condition of life, either of the two could leave or divorce another. The eight kinds of marriage were.

Approved forms

  • Brahma
  • Daiva
  • Arsha
  • Prajapatya

Unapproved forms

  • Asura
  • Gandharva
  • rakshara
  • Paishacha

Concept of old Hindu marriage

Case

Tikait munmohini v/s basant Kumar ILR 28 Cal. 758

The Calcutta high court observed that in Hindu law, marriage was a sacrament, a union, an indissoluble union of flesh to flesh, bone with bone to be continued even in the next world.

Case

Gopal Kishan v/s mithilesh Kumari AIR 1979 All 316

The Allahabad high court observes that. The institution of matrimony under Hindu law is a sacrament and not a mere socio-legal contact. It is not performed for more emotional gratification and is not a mare betrothal. Its context is religious. It is regarded as part of the life of the soul. It is a holy spiritual union. A process by which the husband and the wife become one. The bride on the seven steps of the saptabadi loses his original gotra and acquires the bridegroom’s gotra, and a kinship is created where there is not a mare friendship for pleasure.

Nature of marriage

  • Marriage under the Hindu marriage act 1955,no longer remains a sacrament an eternal union for spiritual purpose. Under the act provision for the divorce are laid down in section 13 in this act.
  • Hindu marriage however has not become a contract, because essential requirement of contract are lacking in the Hindu marriage.
  • Marriage of a person of unsound mind or of a minor is not void. Marriage of a person of unsound mind is voidable under section 12 in this act.

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