PROJECT TITLE

MARRIAGE IN HINDU LAW

SUBJECT
. HINDU LAW

SUBMITTED TO:
PROFESSOR SYED NAHEED MUSTAFA

SUBMITTED BY:
SYED HAMMAD ALI
ENROLMENT NO: 2020-342-103
 INTRODUCTION
Marriage is a social practice through which two people and
their families unite which gives rise to conjugal rights. The word
conjugal means rights which arise between husband and wife
after marriage. Marriage is one of the oldest sacraments in the
society.

Marriage is a universal social institution. It brings men and

women into family life. In this institution man and woman are
socially permitted to have children. Thereby society grants.
Them the rights to sexual relation. According to Gillin and
Gillin , Marriage is a socially approved way of establishing a
family of procreation
Forms of marriage
Under Hindu system eight types of marriages can take place:
1. Brahma form of marriage:Brahma vivah is the best and most
practiced form of marriage in India. In this form of marriage,
the father of girl gift his daughter to person of good character
who is learned in vedas. During this type of marriage, the girl is
dressed and decked to a male who has good knowledge of
vedas. During this marriage the male is invited by the father of
the bride. Under Hindu sanskar it is the purest and most
evolved form of marriage as this form of marriage does not
includes any force, carnal appetite, and exchange of money. 
2. Daiva form of Marriage:In Daiva form of marriage, the
marriage takes place between the girl and a priest. Section IV of
manusmriti defines daiva marriage. 
3. Arsha form of Marriage:In this form of marriage, the
marriage takes place with rishi or sages. In this marriage the
father of girl doesn't have to offer anything to the groom. In this
marriage the father of the groom gives two cows or bulls to the
father of bride. 
4. Prajapatya form Marriage:This form of marriage is identical
to brahma vivah but there is no kanyadan in this form of
marriage. 
5. Asura form of Marriage:It is the most unsocial form of
marriage. In this marriage the father gives his daughter after
getting money from the groom. This form of marriage is
basically a barter exchange between the father of bride and
groom. 
6. Gandharva form of marriage:In this form of marriage, the girl
and boy mutually agree to get marry but this mutual agreement
is arisen from pure lust. In this form of marriage, the approval
of parents plays no role. 
7. Rakshasa form of marriage:In this form of marriage, the bride
is abducted, and the marriage is performed. This form of
marriage is the most condemned form of marriage since this
form of marriage involve abduction of bride it is not only
against nature and custom but also against laws. 
8. 'Paishacha' form of marriage:In this form of marriage, the
man seduces the women they entered a sexual act when the
girl is not in position to give her consent due to intoxication or
mental disorder. Under Hindu system marriage is performed for
fulfillment of religious obligation and not for fulfillment of
sexual desire.
Solemnization of marriage
Section 7 of Hindu Marriage Act, 1955 contain provisions
relating to solemnization of marriage. Under Hindu system a
marriage may be perform with all the ceremonies by both or
either one party of the marriage.

A marriage is concerned with saptapadi which means seven

rounds. In saptapadi both bride and groom take seven rounds
of fire and after which marriage become binding.

A marriage is concerned with saptapadi which means seven

rounds. In saptapadi both bride and groom take seven rounds
of fire and after which marriage become binding.

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. Any child born after
performing the marriage according to this section will be
legitimate. The beginning of the child before the dissolution of
the marriage is not the cause to dissolve the marriage.
It is one of the most important duties of the father to bring up
the girl child, find a suitable boy for her and do Kanyadan for
the girl. Girl leaves their gotra and enters the gotra of the boy. It
is an unbreakable bond that is tied for the generation to
generation. It is a sacrament, not a contract.[2]

Section 2 of Hindu Marriage Act, 1955

Under section 2 of Hindu marriage act parties to the marriage
should be Hindu. If any of the parties is a non-Hindu, the
marriage would not be considered valid under the act. If either
party or both the party are non-Hindus, then such marriage will
not be dealt by this act and would be held void under this act.
Such marriages in which either party is a non-Hindu are dealt
by special marriage act, 1954. The special marriage act 1954
was passed by the legislature to deal with inter religious
marriages.
Essential element of marriage.
Monogamy
Monogamy is the marriage between one woman and one man
at a time. Monogamy is the most sacred type of marriage in
Hindu. Sec. 5(i) of Hindu Marriage Act says that only monogamy
is accepted in Hindu religion and if spouse of any one is not
dead at the time of marriage, then that would be considered as
the offence of bigamy under Hindu Marriage Act, 1955.

The offence of bigamy is also punishable under section 494 of

Indian Penal Code, 1860.

The conditions are:

At the time of marriage both bride and groom are not unsound
mind because they are unable to give their valid consent and
they wouldn't be able to understand the nature of their
marriage and perform their rights and duties. Unsoundness of
mind makes a person unable to determine the consequences of
any act which he or she perform due to such unsoundness of
mind.
It is obvious that a relationship like marriage should not be
performed between people of unsound mind as it wouldn't be
possible for them to perform the obligation attach to it. At the
time of marriage bride and groom are not subjected to attack of
insanity

Age to the parties:

According to Hindu Marriage Act, 1955 the legal age for male is
21 years and for the female is 18 years. If the given age is not
performed by any of the party, then it is an offence under Hindu
Marriage Act, 1955. Age is one of the most important essential
for performance of valid marriage. If anyone of the bride or
groom is below the legal age, the marriage solemnized is void.

Prohibited Degrees of Relationship:

Sec. 5(iv) of Hindu Marriage Act,1955 says that no marriage can
be solemnized falling within prohibited degree of relationship.
Those marriage which are solemnized under this they all are
void under section 11 of Hindu Marriage Act, 1955.

Prohibition of Sapinda Relationship:

Sec. 5(v) of Hindu Marriage Act, 1955 says that no one can
marry with their Sapinda relationship person it is an offence
under the section 11 of the act. In the sapinda relationship third
generation in the line of ascent through the mother and fifth in
the line of ascent through the father.

Conclusion
To conclude we would like to state that marriage is one of the
oldest and purest sacraments. With the passage of time and
development of society the customary practices have taken a
form of legal provisions which makes the fulfillment of these
customary practices necessary.

The institution of marriage and its sanctity plays an important

role towards fulfillment of once obligation towards our
ancestral obligations.