The term ‘Hindu’ can be associated with the indigenous dwellers of the Indian sub-continent. Hindu scriptures can be vastly divided into ‘Srutis’ (revealed) and ‘Smritis’ (remembered), which lay down the foundation of ‘Hinduism’, the religion of the Hindus. Hinduism is world’s third largest religion, majority of which lives in India. Hinduism, in the course of time, has sub divided into Jainism, Buddhism and Sikhism.
According to the norms Hinduism, wedding is a process of bringing together two people who are said to be compatible. Unlike Muslim marriage, Hindu marriages are not contracts but holy sacraments. The Hindu ceremony of marriage is prescribed in 'Puranas' and is usually done by worshiping of Hindu deities in different manners. Although, almost all Hindus follow the same marriage procedure across the country, but the methods of performing certain rituals may vary. Customs play a very important role in determining the modus operandi of rituals in different societies. All Hindu marriages are solemnized in front of holy fire which witnesses the marriage.
The Hindu Marriage Act has given the Hindu Marriages in India a legal status. This legislation was passed in the year 1955, and it extends to the whole of India except the state of Jammu and Kashmir. It applies to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat, or a follower of Brahmo, Prarthana or Arya Samaj. The Hindu Marriage Act, 1955 under Section 5, lays down conditions for Hindu Marriage, viz.
1. No party should have a spouse living at the time of marriage;
2. None of the parties should be, incapable of giving free consent for the marriage due to insanity or childhood;
3. The bridegroom must have completed the age of twenty-one years and the bride, an age of eighteen years, at the time of marriage.
4. None of the parties should be related to each other within the degrees of prohibited degrees of relationship, unless customs permit. Degrees of prohibited relationship is defined under section 3(g)of the act as:-
“Two persons are said to be within the "degrees of prohibited relationship"-
(i) if one is a lineal ascendant of the other; or
(ii) if one was the wife or husband of a lineal ascendant or descendant of the other; or
(iii) if one was the wife of the brother or of the father’s or mother’s brother or of the grandfather’s or grandmother’s brother of the other; or
(iv) if the two are brother and sister, uncle and niece, aunt and nephew or children of brother and sister or of two brothers or of two sisters;
5. None of the parties should be sapindas of each other, unless permitted by customs. The term sapindas has been defined u/s 3(f) as two persons are said to be "sapindas" of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them, where, "sapinda relationship" with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation.
According to the norms Hinduism, wedding is a process of bringing together two people who are said to be compatible. Unlike Muslim marriage, Hindu marriages are not contracts but holy sacraments. The Hindu ceremony of marriage is prescribed in 'Puranas' and is usually done by worshiping of Hindu deities in different manners. Although, almost all Hindus follow the same marriage procedure across the country, but the methods of performing certain rituals may vary. Customs play a very important role in determining the modus operandi of rituals in different societies. All Hindu marriages are solemnized in front of holy fire which witnesses the marriage.
The Hindu Marriage Act has given the Hindu Marriages in India a legal status. This legislation was passed in the year 1955, and it extends to the whole of India except the state of Jammu and Kashmir. It applies to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat, or a follower of Brahmo, Prarthana or Arya Samaj. The Hindu Marriage Act, 1955 under Section 5, lays down conditions for Hindu Marriage, viz.
1. No party should have a spouse living at the time of marriage;
2. None of the parties should be, incapable of giving free consent for the marriage due to insanity or childhood;
3. The bridegroom must have completed the age of twenty-one years and the bride, an age of eighteen years, at the time of marriage.
4. None of the parties should be related to each other within the degrees of prohibited degrees of relationship, unless customs permit. Degrees of prohibited relationship is defined under section 3(g)of the act as:-
“Two persons are said to be within the "degrees of prohibited relationship"-
(i) if one is a lineal ascendant of the other; or
(ii) if one was the wife or husband of a lineal ascendant or descendant of the other; or
(iii) if one was the wife of the brother or of the father’s or mother’s brother or of the grandfather’s or grandmother’s brother of the other; or
(iv) if the two are brother and sister, uncle and niece, aunt and nephew or children of brother and sister or of two brothers or of two sisters;
5. None of the parties should be sapindas of each other, unless permitted by customs. The term sapindas has been defined u/s 3(f) as two persons are said to be "sapindas" of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them, where, "sapinda relationship" with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation.
Section 7 of the Act, states about the ceremonies of the Hindu marriages. According to it, a Hindu Marriage may be solemnized, according to the customary rites of either party. As the marriage mostly takes place in the house of the bride, so the customs generally followed are those prevalent in brides’ family. The section further contemplates that Where such rites and ceremonies include the saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken. Saptapadi as a ritual differs from place to place or even family to family. It somewhere includes taking of seven steps and somewhere revolving around the holy fire for seven times by the bride and the bridegroom jointly by tying together the sashes worn by them. The holy fire, agni, is considered to be the witness to the vows taken during each step or revolution. The vows taken, include:-
a. The bride and the groom take the first step of the seven vows to pledge that they would provide a prospered living for the household or the family that they would look after and avoid those that might hinder their healthy living.
b. During the second step, the bride and the groom promise that they would develop their physical, mental and spiritual powers in order to lead a lifestyle that would be healthy.
c. During the third vow, the couple promises to earn a living and increase by righteous and proper means, so that their materialistic wealth increases manifold.
d. While taking the fourth vow, the married couple pledges to acquire knowledge, happiness and harmony by mutual love, respect, understanding and faith.
e. The fifth vow is taken to have expansion of their heredity by having children, for whom, they will be responsible. They also pray to be blessed with healthy, honest and brave children.
f. While taking the sixth step around the sacred fire, the bride and the groom pray for self-control of the mind, body and soul and longevity of their marital relationship.
g. In the seventh and the last vow, they promise that they would be true and loyal to each other and would remain companions and best of friends for the lifetime.
Once a marriage is solemnized, the bride and the bridegroom are under social, moral and legal binding to live as couples. When either the husband or the wife, without any reasonable excuse, withdraws from the society of the other, the aggrieved party, by law, can apply for restitution of conjugal rights.
a. The bride and the groom take the first step of the seven vows to pledge that they would provide a prospered living for the household or the family that they would look after and avoid those that might hinder their healthy living.
b. During the second step, the bride and the groom promise that they would develop their physical, mental and spiritual powers in order to lead a lifestyle that would be healthy.
c. During the third vow, the couple promises to earn a living and increase by righteous and proper means, so that their materialistic wealth increases manifold.
d. While taking the fourth vow, the married couple pledges to acquire knowledge, happiness and harmony by mutual love, respect, understanding and faith.
e. The fifth vow is taken to have expansion of their heredity by having children, for whom, they will be responsible. They also pray to be blessed with healthy, honest and brave children.
f. While taking the sixth step around the sacred fire, the bride and the groom pray for self-control of the mind, body and soul and longevity of their marital relationship.
g. In the seventh and the last vow, they promise that they would be true and loyal to each other and would remain companions and best of friends for the lifetime.
Once a marriage is solemnized, the bride and the bridegroom are under social, moral and legal binding to live as couples. When either the husband or the wife, without any reasonable excuse, withdraws from the society of the other, the aggrieved party, by law, can apply for restitution of conjugal rights.
The act further also defines the void and voidable marriages. The marriages which are performed in contravention of section 5 are Void Marriages, burring Sub-clause (ii) to section 5. There are certain grounds on which either party to marriage can declare the marriage voidable. Section 5(ii) may be considered as such a ground. A case where the marriage fails to consummate due to the impotence of the opposite party, can also be example of a voidable marriage. Other such instances are mentioned under Section 12 of the Act.
Section 8 of the Act, actually gives any marriage under the Hindu Marriage Act a legal status by registering the same. The Section states that “For the purpose of facilitating the proof of Hindu marriages, the State Government may make rules providing that the parties to any such marriage may have the particulars relating to their marriage entered in such manner and subject to such conditions as may be prescribed in a Hindu Marriage Register kept for the purpose.”
Let me now elaborate something on the concept of Divorce under the Hindu religion. Although the concept of Divorce is a foreign concept for Hinduism, it had to be imbibed into the culture especially for determining freedom of Hindu women. In the medieval period, status of women worsened to such an extent that the concept of Divorce had to be given a kick start. However, even today, in Hindu society, the concept of divorce is not well accepted and is not as frequent as in Christian countries. The bond created by a Hindu Marriage is considered to be a bond for 7 births and is regarded as a pious relationship. But still, Section 13 of the Act provides for grounds of divorce. Adultery, Desertion, Conversion to other religions and cruelty are some important grounds under the Section. Section 14, says that “No petition for divorce to be presented within one year of marriage” i.e. it creates a legal bar on the parties to a marriage to stay within the relationship created by marriage for at least one year. Further Section 15 states about when divorced individuals can re-marry. It reads that “When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again.”
It was a common system among Hindus some decades ago to have more than one wives, but such system has been declared illegal now a days. Hindu Marriage Act, itself punishes, ‘Bigamy’ through application of the Indian Penal Code. Section 17 of the Act states that if after commencement of this Act, any Hindu marries within the lifetime of his/her spouse, he/she shall be guilty of Bigamy and Sections 494 and 495 of the IPC shall apply in such case accordingly.
Section 8 of the Act, actually gives any marriage under the Hindu Marriage Act a legal status by registering the same. The Section states that “For the purpose of facilitating the proof of Hindu marriages, the State Government may make rules providing that the parties to any such marriage may have the particulars relating to their marriage entered in such manner and subject to such conditions as may be prescribed in a Hindu Marriage Register kept for the purpose.”
Let me now elaborate something on the concept of Divorce under the Hindu religion. Although the concept of Divorce is a foreign concept for Hinduism, it had to be imbibed into the culture especially for determining freedom of Hindu women. In the medieval period, status of women worsened to such an extent that the concept of Divorce had to be given a kick start. However, even today, in Hindu society, the concept of divorce is not well accepted and is not as frequent as in Christian countries. The bond created by a Hindu Marriage is considered to be a bond for 7 births and is regarded as a pious relationship. But still, Section 13 of the Act provides for grounds of divorce. Adultery, Desertion, Conversion to other religions and cruelty are some important grounds under the Section. Section 14, says that “No petition for divorce to be presented within one year of marriage” i.e. it creates a legal bar on the parties to a marriage to stay within the relationship created by marriage for at least one year. Further Section 15 states about when divorced individuals can re-marry. It reads that “When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again.”
It was a common system among Hindus some decades ago to have more than one wives, but such system has been declared illegal now a days. Hindu Marriage Act, itself punishes, ‘Bigamy’ through application of the Indian Penal Code. Section 17 of the Act states that if after commencement of this Act, any Hindu marries within the lifetime of his/her spouse, he/she shall be guilty of Bigamy and Sections 494 and 495 of the IPC shall apply in such case accordingly.
Conclusively, it can be stated that although the Hindu Marriage system is a system of marriage highly based by religious foundations like ‘Puranas’, the Hindu Marriage Act, gives it a legal status.
-Krishanu Ray
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waiting for ur response....
Thanks
Satyajit.