Table of Contents
Eight Forms of Marriage in Dharmashastra
As per Dharmashastra, eight forms of marriage were recognized. Four of them are approved and four are unapproved. If the parties marry according to any of the eight forms, then the marriage can be given legal status.
Approved Marriages
- Brahma Marriage: It is a kind of marriage where father gifts daughter to a knowledgeable man in Vedas without any return.
- Daiva Marriage: It is a kind of marriage where daughter is given to a priest during a sacrifice as dakshina.
- Arsha Marriage: It is a kind of marriage where bridegroom gives a pair of cows and a bull to the girl’s father.
- Prajapati Marriage: It is a kind of marriage where bride and groom are partners and the father makes a declaration to this effect.
Unapproved Marriages
- Asura Marriage: It is a kind of marriage where groom gives wealth to marry the daughter. It is considered sale of daughter.
- Gandharva Marriage: In this kind of marriage where there is a voluntary union without parental consent.
- Rakshasa: It is a kind of marriage where girl is kidnapped and forcefully married.
- Pishacha: It is the marriage in which a man commits crime of ravishing a girl either by sleep, intoxication or when she is in the state of mental disorder.
Note: Rakshasa and Pishacha marriages are voidable, not void. They can be annulled by court decree if the wife (above 18 years) does not voluntarily cohabit after coercion ends.
Validity of Hindu Marriage
Essential conditions for a valid Hindu marriage are defined under Section 5 of the Hindu Marriage Act. These conditions are as follows:
1. Monogamy is Mandatory — [Section 5(i)]
“Neither party has a spouse living at the time of the marriage.”
This provision prohibits bigamy and enforces monogamy among Hindus.
Before this Act, polygamy was widely accepted and legally recognized.
Early legislative measures to prohibit bigamy are:
Bombay Prevention of Hindu Bigamous Marriages Act, 1946
Madras Hindu (Bigamy Prevention and Divorce) Act, 1949
Saurashtra Prevention of Hindu Bigamous Marriages Act, 1950
curtailed this practice.
Landmark Case:
State of Bombay v. Narasu Appa Mali [(AIR 1952 Bom 84)]
The Act was challenged under Article 25 (Freedom of Religion) and Article 14 (Right to Equality).
The court upheld the Act, stating:
Polygamy is not an essential religious practice under Hinduism.
Laws based on personal customs are not required to be uniform across all religions.
2. Mental Soundness of the Parties — [Section 5(ii)]
At the time of marriage, neither party should:
Be incapable of giving valid consent due to unsoundness of mind.
Suffer from a mental disorder that renders them:
Unfit for marriage or
Unfit for procreation of children.
Be subject to recurrent attacks of insanity.
3. Minimum Age Requirement — [Section 5(iii)]
Bride: Minimum age of 18 years
Groom: Minimum age of 21 years
Originally, the minimum ages were 15 (girls) and 18 (boys), but these were revised in 1978 to better safeguard minors.
Status of Child Marriage
Not void ab initio under Hindu Marriage Act, 1955.
Not automatically voidable unless declared so under Section 12.
Thus, such marriages are valid unless annulled by the child upon attaining puberty.
Important Case:
M. Janaki v. K. Vairamuthu [(AIR 2017 Mad 25)]- In this case it was held that child marriage is valid unless lawfully voided.
4. Marriage Within Prohibited Degrees is Invalid — [Section 5(iv)]
Marriage is invalid if parties fall within the prohibited degree of relationship, unless permitted by custom.
Prohibited decree of relationship is defined under Section 2(g), It include:
Lineal ascendants/descendants
Brother-sister, uncle-niece, aunt-nephew
Relatives by:
Full blood, half blood, uterine blood
Legitimate or illegitimate connection
Adoption or birth
5. No Sapinda Relationship Allowed — [Section 5(v)]
The parties must not be Sapindas unless allowed by custom.
Definition of Sapinda Relationship:
Mother’s line: up to 3 generations in ascending line
Father’s line: up to 5 generations
“Sapinda” in Sanskrit means “sharing the same bodily substance or lineage” — emphasizing the sacred biological boundaries in Hindu marriages.
Summary of Section 5
| Condition | Legal Provision | Key Detail |
|---|---|---|
| Monogamy | Section 5(i) | No living spouse at the time of marriage |
| Mental Capacity | Section 5(ii) | Must be capable of consent and mentally fit |
| Minimum Age | Section 5(iii) | Groom: 21 years; Bride: 18 years |
| Prohibited Relationships | Section 5(iv) + 2(g) | Must not marry within prohibited degrees unless permitted |
| No Sapinda Relationship | Section 5(v) | Unless custom allows, must not be within Sapinda relation |
Solemnization of Marriage
Marriage in Hindu law is not merely a contract—it’s a sacred sacrament. The Hindu Marriage Act, 1955, under Section 7, provides flexibility regarding how a Hindu marriage can be solemnized, keeping in mind the diversity of customs and traditions across India.
The term “solemnized” means to celebrate the marriage with proper rites and ceremonies. It involves the intent and acknowledgment that the couple is entering into a lawful marriage.
Interestingly, the Hindu Marriage Act does not prescribe any specific ceremonies. Instead, it allows couples to follow their customary rites and traditions based on their community or region.
Legal Provision — Section 7 of HMA
“A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either the bride or bridegroom’s community.”
Where these ceremonies include “Saptapadi” (seven steps around the sacred fire), the marriage becomes legally binding only after the seventh step.
However, some tribal communities and caste groups do not consider Saptapadi mandatory, and marriage is still valid if performed as per their own customs.
India’s Customary Diversity
India, being a culturally rich nation, has no universal ritual for marriage. What holds legal value is performing the marriage in line with the recognized customs or usages of the respective community.
Important Note: Parties cannot create their own marriage rituals. The ceremonies must be rooted in tradition—customs that have been practiced consistently and widely.
Cases on Valid Solemnization
Balwinder Kaur v. Gurmukh Singh (AIR 2007 P&H 74)
Key Observations:
Mere registration of marriage is not enough.
Customary rites like Saptapadi and Havan (sacred fire) are essential unless proven unnecessary by the community’s custom.
Parties must produce proof of ritual performance to validate the marriage.
Chandrabhagabai Ganpati v. Sambhaji Narhari Kanwar (AIR 2007 BOM 2001)
Facts- This is the case of Inter-caste marriage where Higher-caste man and lower-caste woman gets married. Ceremony involved Akshata (rice) and chanting of mantras. There was no Saptapadi or Sacred Fire
Held: If community custom does not require Saptapadi, its absence does not invalidate the marriage.
References:
- Family Law–I by Poonam Pradhan Saxena
- Hindu Marriage Act, 1955 – Bare Act
