What Is Marriage as per Hindu Law

These symbols have been around for centuries, with appearances in ancient paintings, such as one of the Hindu gods Rama and the marriage of the Hindu goddess Sita. [11] Mangalsutras and Bindis even survived the British occupation of India. [12] Section 8 of the Hindu Marriage Act 1955 introduced the provision for registration of marriage under that Act. Section 11 of the Hindu Marriage Act, 1996 provides that any marriage solemnized after the coming into force of the Hindu Marriage Act, 1955 is void if it violates any of the provisions of that Act. The marriage will not have a legal entity and will not be enforceable. Under section 14 of the Hindu Marriage Act, 1955, no application for divorce may be filed within one year of the marriage. But in exceptional circumstances, the Honourable High Court has the power to grant leave to file the case before the end of a year. According to Hinduism, there are eight different types of marriages. Not all of them have religious sanctions.

[7] Remarriages of husbands and wives separated due to mental illness take place without a formal divorce. A 10-year follow-up study involving a cohort of 76 patients with schizophrenia in the first episode [23] found that the marital outcome was so good in Indian patients with no gender difference. A high marriage rate (70%) (prior to the onset of mental illness) was reported, with more men remaining single and more women facing broken marriages. Marriage before the onset of illness, the presence of children, a shorter duration of illness at admission, and the presence of auditory hallucinations at admission were all associated with good marital outcome. Unemployment, declining socioeconomic levels and the presence of superficial effects and self-neglect for 10 years were all associated with poor marital outcomes. Section 5(iii) of the Hindu Marriage Act, 1955 stipulates that the groom has reached the age of twenty-one and the bride has reached the age of eighteen at the time of marriage. If the person has not obtained the marriage specified in Article 5 (iii), it is void, it has no legal status. In recent years, with the emergence of dating culture in India, arranged marriages and horoscope analysis have experienced a marginal decline, with potential brides and grooms preferring to choose a spouse themselves rather than necessarily the one their parents find comfortable; This was more pronounced in urban and suburban areas than in rural areas. Today, the culture of marriage among Hindus is such a new concept of love-arrange marriage or arrange-love marriage. It also provides better protection for wives by inserting Article 13D, which allows the wife to refuse to issue a decree on the grounds that the dissolution of the marriage would cause serious financial hardship for her and that it would be wrong in all circumstances to dissolve the marriage.

A beautiful dowry glorifies the marriage proposal in order to distract the other party from the girl`s shortcomings. After marriage, when marital problems arise in the woman due to mental illness, gifts are offered to reassure the husband and his loved ones. At other times, the husband himself may demand money or gifts; The price to pay to put with a “crazy” woman. According to Hinduism, marriage is a sacred relationship. [7] In some Hindu marriage systems, there is no role for the state, as marriage has remained a private matter in the social sphere. [8] In this traditional reference, marriage is undoubtedly the most important transition point in the life of a Hindu and the most important of all Hindu “Sanskaras” (rituals of the life cycle). [8] The Congress government watered down Hindu marriage in 1955 by passing the HMA, and then in 1983 by introducing Special Marriage Act 498A. in 2000. Therefore, there was fierce religious opposition to the adoption of such laws for marriage, succession, and adoption.

The main opposition was the divorce provision, which is anathema to the Hindu religion. The principle of equal inheritance of sons and daughters, whether the daughter is married or not, has also resisted. [9] This was at odds with the Hindu view of the family, in which married girls were seen as belonging to their husband`s family, not their father`s family. Ancient Hindu law recognized three forms of Shastric marriages as regular and valid. These were Brahma (wife given by the father), Gandharva (mutual consent of the bride and groom) and Asura (bride sold virtually by the father). In some places, especially in the East Indies, instead of Mangalsutra, they only put vermilion on the haircut, wear a pair of shell bracelets (Shankha), red bracelets (Pala) and an iron bracelet on the left hand (Loha) while their husband lives. .