NATURE OF HINDU MARRIAGE
Marriage is one of the oldest institutions of Hindus. It occupies a very important place in their social life. It is regarded as one of most important 16 Sanskaras (sacraments) for them.
In marriage the father entrusts his daughter into the hands of a noble and physically sound groom who thereby becomes her husband.
This mode of marriage is well-settled since Vedic period and has assumed religious significance.
a Hindu marriage implies the acceptance of the bride as wife by the groom through a ceremonial process which is technically known as kanyadan.
In other words 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.
THE CONCEPT OF MARRIAGE UNDER THE HINDU LAW
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.
SACRAMENTAL NATURE OF MARRIAGE
Under the old Hindu law only three essential conditions were required—
Identity of caste between the parties;
Parties to marriage must be beyond the prohibited degrees of relationship i.e., they should not be of the same gotra or pravara, or sapinda of each other;
There must be proper performance of marital ceremonies.
CHARACTERISTICS OF THE SACRAMENTAL NATURE OF A HINDU MARRIAGE
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 tied 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.
DIFFERENT FORMS OF HINDU MARRIAGE
In the Hindu religion, marriage is considered a sacrosanct and holy union of two people. Different castes have different cultures and ceremonies to be performed in order to solemnise a marriage. These ceremonies have been recognised and codified in Hindu Law as customs.
Prior to the enactment of the Hindu Marriage Act, 1955, and during the Vedic period, there existed different forms of marriage. The various forms of Hindu marriages, such as Manusmriti and the Vedas, have been mentioned in religious texts and Smritis.
However, these forms of Hindu marriages have not been specified in the central legislation that now governs Hindu marriages. These forms of marriage were further categorised as:
Approved forms, and
Unapproved forms
APPROVED FORMS OF MARRIAGE
Society recognised and accepted certain forms of marriage among the various forms prevailing at that time. These forms were known as the approved forms of marriage. The following forms of marriage fall under the category of approved forms as these were the ones accepted and practised in society:
Brahma,
Daiva,
Arsha, and
Prajapatya.
BRAHMA
‘Brahma’ is a widely accepted and approved form of marriage in India, which is still practised in society. This form of marriage is considered supreme among all other forms of Hindu marriage.
Its importance is also mentioned in the Manusmriti, written by Manu. In this form of marriage, the daughter is adorned with ornaments and honoured with jewels before being given to a man selected by her father as her husband.
The man is usually learned and well-versed in the Vedas. This form of marriage is also known as Brahma vivah.
The Supreme Court in Reema Aggarwal vs. Anupam And Ors. (2004) discussed the possibility of Brahma marriage being the origin of the dowry system in India but did not reach a conclusion.
However, in practice, the bridegroom may use the custom of ‘exchanging gifts’ to harass and pressure the bride and her parents to give dowry.
DAIVA
This type of marriage means ‘marriage related to the rite of the gods’. Unlike in Brahma, a father in this kind of marriage gave his daughter to a priest as a form of a dakshina, which is a sacrificial fee.
In this form of marriage, it was the father who searched for a groom for his daughter. However, one feature that makes this form of marriage different and less significant from Brahma is that a daughter was given as dakshina.
ARSHA
The third form of approved marriage is Arsha. In this form of marriage, a daughter was married to a sage.
The father of the bridegroom gives two cows or bulls to the father of the bride, unlike the other forms where the father of the bride had to give something to the bridegroom. This is the reason why this form of marriage was different from the other forms of approved marriage.
PRAJAPATYA
This form of marriage is quite similar to Brahma. The only difference is that there is no kanyadan in this form of marriage, and it is the father who searches for a groom for his daughter.
However, in this form of marriage, the father of the bride puts a condition that the couple has to perform their religious obligations, i.e., Dharma, together diligently.
The father’s only request and condition to the bridegroom was that he must treat his daughter as his partner, respect her, and also fulfil their religious obligations together.
UNAPPROVED FORMS OF MARRIAGE
The following forms of marriage were neither accepted nor recognised and hence categorised as unapproved forms of marriage. People were prohibited from practising such forms of marriage. These are:
Asura,
Gandharva,
Rakshasa, and
Paishacha.
ASURA
This form of marriage is highly criticised, condemned, and unacceptable in society.
In an Asura marriage, a girl is given in marriage after the bridegroom gives all possible wealth to the father of the bride. This is why this form of marriage is the most condemned. It resembles a business transaction where the bride is exchanged for wealth given by the bridegroom, indicating that the bride is purchased.
The kind of marriage where bridegroom gives any money or kind to the bride’s father as a consideration in exchange for his daughter and they are married, the marriage falls under this form.
GANDHARVA
In this form of marriage, a man and a woman mutually decide to marry each other, but the agreement arises due to lust, so the approval of parents is not necessary.
The man and the woman make a bodily union without performing any religious rites and ceremonies or seeking the consent of their parents.
This makes Gandharva a unique and unacceptable form of marriage. Although the concept of mutual consent for marriage was prevalent in the old Hindu system, the rate of solemnisation of such marriages was very low. This was because:
1. It promoted child marriage.
2. There were possible chances of inter-caste marriages, which were not approved much in society.
3. It was against Hindu culture, norms, and values, as there was no parental consent in this form of marriage.
RAKSHASA
The Rakshasa form of marriage was considered one of the most brutal and unapproved marital practices in ancient society.
In this form of marriage, a bride was abducted, and her family was subjected to torture.
The bridegroom fought against the bride’s family to claim her as his own.
This form of marriage was condemned for its cruelty, as it involved the violent kidnapping of a girl and the brutal treatment of her family, which could even lead to their death. The societal disapproval came from its blatant disregard for the bride and her family’s personal autonomy and human dignity.
PAISHACHA
This form of marriage was deemed one of the most atrocious and reprehensible practices.
In this form, sexual relations were forced on a girl while she was unconscious, either due to intoxication or drug administration, which was practically rape. After regaining consciousness, the girl was forced into marriage with the man who had violated her.
This practice often involved the man making the girl drink alcohol or administering drugs to impair her senses, or he would simply choose a girl of immature understanding who lacked the ability to comprehend what was going on and resist. The girl and her parents, out of shame and trauma of such acts, had no other option but to agree to the marriage. The condemnation of this form of marriage reflects its extreme violation of personal consent and ethical standards.
MARRIAGE UNDER HINDU MARRIAGE ACT, 1955
The institution of marriage has been preserved even in the 21st century. Marriage under the Hindu religion is now governed by the Hindu Marriage Act, 1955, in addition to religious ceremonies.
It is an exhaustive piece of legislation and provides the conditions or essentials for a valid Hindu marriage. It is applicable to all Hindus, including Jains, Sikhs, and Buddhists, irrespective of their caste, colour, age, or sex.
As mentioned above, even though the sanctity of Hindu marriage has not changed after the enactment of the statute, some new practices like divorce and remarriage have been introduced.
The Act provides essential conditions for a valid marriage under Section 5 and provisions for the registration of marriage.
It also offers alternative remedies for divorce, such as judicial separation, and states the grounds on which either spouse can seek divorce or judicial separation. Separate grounds have been provided for wives to seek divorce, along with provisions for maintenance. The Act prohibits bigamy and child marriage. Even though significant changes have been introduced under the Act, the importance and religious significance of marriage remain central. Courts try to preserve the sacramental nature of marriage by giving parties several chances to restore their marriage and relationships.
As mentioned above, Section 5 specifies the conditions for a Hindu marriage. As per this provision, a marriage between two Hindus is said to have taken place if the following conditions are met:
The couple should not be married to someone else at the time of their marriage (monogamy);
They must be mentally sound and capable of giving a valid consent;
They should not be suffering from a mental disorder that may make them unfit for marriage or for having children. Additionally, they should not be subject to recurrent insanity attacks;
The groom must be at least 21 years old, and the bride must be at least 18 years old;
The couple must not be related to each other within the degrees of prohibited relationship unless their community customs allow such a marriage;
They should not be sapindas of each other unless their community customs permit the same.
Section 7 further stipulates the ceremonies that are essentially performed in order to solemnise a valid Hindu marriage. This section states a Hindu marriage can be conducted according to the traditional customs and rituals of either the bride’s or the groom’s family.
Such a ceremony, however, must include saptapadi, where the bride and groom take seven steps together in front of the sacred fire for it to be considered complete and binding. The marriage is deemed complete as soon as the couple takes the seventh step.
CHANGES BROUGHT BY THE ACT
The Act has successfully codified the law related to Hindu marriage, leading to uniformity. It has been given an overriding effect, which has resulted in the abrogation of harmful practices and customs. The following changes have been brought under the Act:
The Act clearly defines its applicability under Section 2. It provides that marriages among Hindus, Jains, Sikhs, and Buddhists are valid marriages.
It establishes monogamy as the only kind of marriage accepted under the law, which is one of the essential conditions of a valid Hindu marriage under Section 5(1) of the Act.
Bigamy has not only been prohibited under the Act but made a punishable offence, with punishments outlined in Section 494 of the Indian Penal Code, 1860 and Section 81 of the Bharatiya Nyaya Sanhita, 2023.
The Act recognises inter-caste marriages as valid.
It provides a clear definition of the terms ‘sapinda’ and ‘prohibited degrees’ in order to determine when a marriage can be held invalid on these grounds.
The Act defines the minimum age of marriage for brides and bridegrooms as one of the essential conditions for a valid marriage in order to prevent child marriages.
It recognises the importance of saptapadi, i.e., the seven steps rounds taken around the fire, in a valid Hindu marriage.
Several matrimonial reliefs, such as restitution of conjugal rights, judicial separation, divorce, etc, have been introduced under the Act.
MONOGAMY IN HINDU MARRIAGE
The term ‘monogamy’ means to have only one partner or marriage with only one person. Unlike polygamy, where a man can marry more than one female, monogamy allows marriage with only one female.
It is pertinent to note that the Hindu Marriage Act, 1955, recognises monogamy as the only kind of marriage to be practised and promoted under Hindu Law. Section 5 of the Act clearly provides that ‘neither party should have a spouse living at the time of his or her marriage, thus prohibiting bigamy or polygamy. If this condition is not fulfilled, the marriage will be declared null and void under Section 11 of the Act. This was also stated in the case of Smt. Yamunabai Anantrao Adhav vs. Ranantrao Shivaram Adhava (1988).
In the case of Bhogadi Kannababu & Ors vs. Vaggina Pydamma & Ors (2006), it was observed by the Supreme Court that if the condition mentioned in Section 5(i) of the Act, i.e., monogamy, is violated and a person marries another person during the lifetime of his or her spouse, such marriage would be void ab initio and the second spouse cannot inherit the property of the husband. The same was reiterated in the case of Gulabi vs. Sitabai (2006).
In the case of Sarla Mudgal vs. Union of India (1995), a landmark judgement on bigamy, a man converted to Islam in order to marry more than one female while his marriage, which was performed according to Hindu rituals, was still subsisting. He had a Hindu wife living at the time of his other marriage.
The court convicted him for the offence of bigamy, against which an appeal was filed and decided along with the case of Lily Thomas vs. Union of India (2000).
The Supreme Court held that the institution of marriage is sacred for every religion and that religion is not a commodity to be used or exploited for personal means. It is rather a matter of faith.
The court further held that if a man who is already married according to Hindu law and rituals, where monogamy is accepted and practised, converts to Islam to marry again without dissolving his first marriage, it results in the second marriage being declared void. Here, the person is said to have converted for personal gains, leading to religious bigotry.
CASE NAME: SARLA MUDGAL V. UNION OF INDIA, AIR 1995 SC 1531
Bench: Kuldip Singh, R.M. Sahai (Supreme Court)
Date: 10 May 1995
KEY FACTS:
PETITIONER:
Sarla Mudgal, President of "Kalyani" (a women’s rights organization).
RESPONDENTS:
Included husbands who converted from Hinduism to Islam to enter a second marriage without dissolving the first.
The case involved Hindu men converting to Islam solely for the purpose of contracting a second marriage, while their first Hindu marriage still subsisted. This was done to avoid the monogamy requirement under Hindu law.
LEGAL ISSUES:
1. Can a Hindu husband, married under Hindu law, convert to Islam and marry again without dissolving the first marriage?
2. Does such a second marriage violate Section 494 of the Indian Penal Code (IPC) (offense of bigamy)?
3. Is there a need for a Uniform Civil Code (UCC)?
JUDGMENT HIGHLIGHTS:
SECOND MARRIAGE IS VOID:
The Supreme Court held that conversion to Islam does not automatically dissolve a Hindu marriage.
BIGAMY UNDER IPC:
A second marriage without divorce under Hindu Marriage Act constitutes bigamy under Section 494 IPC.
FRAUDULENT CONVERSION CONDEMNED:
Conversion solely for second marriage was ruled to be a misuse of religion and not protected under Article 25 (Freedom of Religion).
UNIFORM CIVIL CODE (UCC):
The Court strongly recommended the enactment of a UCC to promote national integration and remove contradictions in personal laws.
IMPORTANT LEGAL PROVISIONS DISCUSSED:
Section 494 IPC – Bigamy
Article 25, Constitution of India – Freedom of Religion
Hindu Marriage Act, 1955 – Requires monogamy
SIGNIFICANCE:
Landmark ruling ensuring justice for women trapped in polygamous marriages due to loopholes in personal laws.
Sparked nationwide debate on religious conversion, gender justice, and UCC.
Often cited in discussions on personal law reforms in India.
CASE NAME: LILY THOMAS V. UNION OF INDIA, (2000) 6 SCC 224
Bench: Justice S. Rajendra Babu, Justice Doraiswamy Raju
Date of Judgment: 5 April 2000
BACKGROUND / FACTS:
This case was filed in response to the judgment in Sarla Mudgal v. Union of India.
Petitioner: Advocate Lily Thomas and others filed a writ petition under Article 32 of the Constitution.
The issue: Hindu men were converting to Islam to solemnize second marriages without divorcing their first wife, exploiting religious conversion as a loophole to commit bigamy.
LEGAL ISSUES:
1. Can a Hindu husband who converts to Islam legally marry again without dissolving his first marriage under Hindu law?
2. Is such a second marriage valid or does it constitute bigamy under Section 494 IPC?
3. Does conversion provide legal immunity from personal law obligations?
JUDGMENT SUMMARY:
CONVERSION DOES NOT DISSOLVE A PRIOR MARRIAGE:
A marriage under the Hindu Marriage Act cannot be dissolved except on the grounds specified in the Act.
BIGAMY CONFIRMED:
If a Hindu husband converts to Islam and marries again without divorcing his first wife, the second marriage is illegal and punishable under Section 494 IPC (Bigamy).
REAFFIRMATION OF SARLA MUDGAL:
The Court upheld the ratio in Sarla Mudgal and emphasized that freedom of religion (Article 25) does not mean freedom to violate the law.
MISUSE OF RELIGION NOT ALLOWED:
The conversion was seen as a fraud on the law, and the person remained bound by the personal law of their first marriage.
KEY LEGAL PROVISIONS:
Section 494, IPC – bigamy
Article 25, Constitution of India – Freedom of Religion
Hindu Marriage Act, 1955 – Monogamy as a legal mandate
SIGNIFICANCE:
Closed the loophole left open for misuse by converting Hindus seeking a second marriage.
Established that religious conversion does not automatically sever civil obligations under previous personal law.
A crucial case in the fight for women's rights and legal consistency.
Reinforced the need for Uniform Civil Code (UCC) for national legal uniformity.
