Forms and Ceremonies

The normative texts, dharma texts and some Gṛhyasūtras classify marriage
into eight different forms which are Brahma, Daiva, Arsha, Prajapatya,
Asura, Gandharva, Rakshasa, Paishacha. This order of forms of marriage is
hierarchical.

Even the Supreme Court of India in Koppisetti Subbharao vs the State Of

A.P, recognized the existence of 8 forms of marriage given by Aryan Hindus.

The eight forms are divided into 2 categories of approved and unapproved
forms of marriage.
All about Hindu 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. 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. There are 16
sacraments in the Shastri Hinduism in which marriage is one of the important
sacraments of Hinduism.

Section 2 of the Hindu Marriage Act 1955 states that this act applies to 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. 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. It is believed that it
is the strongest bond between husband and wife. It is an unbreakable bond
that remains even after death. The importance of marriage is not to the
extent of one generation but it is an in-depth belief of Hinduism. Without a
wife, a person is considered incomplete while performing any rites of
Hinduism. It is very important to perform all the rites with the wife.

Concepts and validity of Hindu Marriage

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 the relationship between husband and wife. According to
Hinduism, this sacrament is one of the most important sacraments out of 16
sacraments in Hinduism. It is a sacred tie that can’t be broken. It is a
relationship from birth to birth, it is a bond which continues after rebirth and
death. According to Veda, a man is incomplete until he gets married and
meets with his partner.

Concept of Marriage: Sacrament or Contract

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 three characteristics of the sacramental nature of marriage:

 It is an enduring bond of the husband and wife which is permanent

and tired even after death and they will remain together after the
death.
  Once it is tied cannot be untied.
 It is a religious and holy union of the bride and groom which is
necessary to be performed by religious ceremonies and rites.

Hindu marriage is considered as one of the most important sacraments. In

ancient times, there was no need for the girls’ consent. Fathers have to
decide the boy without asking for her advice or consent. It is the sole duty of
the father to find a suitable boy. If the person was of unsound mind or minor
at the time of the marriage, it was not considered as a void marriage. 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.

Section 12 of the Hindu Marriage Act 1955 lays down that when one’s
consent is not obtained, the marriage is considered void. It shows that
despite the absence of consent of the bride, the marriage is valid and legal.

The nature of modern marriage is contractual. Thus, it accepts the idea of

equality and liberty. It has been adopted due to western Ideas. There must
be an agreement of voluntarily entering into it by both parties.

Thus, the Hindu marriage is not a contract and neither is it a sacrament. But
it can be said it is a semblance of both.

Approved forms
Brahma, Daiva, Arsha and Prajapatya come under the approved forms of
marriage. These marriages involve the exchange of gifts, the “gift of a
maiden” (kanyādāna). Brahmins, according to the dharma texts, have the
duty to accept gifts. Therefore, the first four marriage types are generally
pronounced legal for Brahmins.

In S. Authikesavulu Chetty vs S. Ramanujam Chetty And Anr., two

precedents were set:

1. Firstly, in a case where there is no proof to the contrary, it must be

presumed that the marriage is in one of the approved forms.
2. Secondly, another question arose, who will be the heir of the
property of a childless mother? It was held that the property of a
childless woman married in one of the four approved forms will go
to her husband after her death.

Brahma
‘Brahma’ is one of the most practised forms of marriage in India and has the
most supreme position out of all the eight forms of marriage. Manu-Smriti
has also laid great importance on this form of marriage.