Nature and concept of hindu marriage. Nature of Hindu Marriage : Contractor Sacrament of Marriage 2022-12-13
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Hindu Law Explained
After making ilia, if he really abstains from sexual interĀcourse, the marriage is considered to be dissolved. The burden of proof in desertion cases is always on the petitioner. A new concept of love-cum arranged marriage is also gaining popularity among the youth. In Ramayan, wife has been considered to be the soul of her husband and in Mahabharat she is stated to be the half part of her husband, and his best friend. Hinduism provides ten Samskaras i. The Hindu Law of Marriage and Stridhan.
Thus means a gift of bride to the bridegroom. Narottam,1963 HP 15 and Mohinder kaur v. WHAT IS HINDU LAW AND SCOPE OF ITS APPLICATION Sir Dinsah F. This has virtually affected the stability of marriages and, divorces are happening on a rampant scale. This bond of marriage comes into effect by performance of various religious ceremonies like saptapadi, mangalsutra dharma, Kanydan, Paanigrahan mantras. After marriage, a woman is seen as a guest when visiting her natal home, and no longer a member of that family. The marriage was an institution wherein the parties to it consolidated their social and economic gains and passed those on to their progeny.
This provides ground to wife to approach the court for diĀvorce. New norms are being formed and we live in a constant molten state of confusion. It is a reprehensible form of a marriage that is condemned by the Manusmriti, and is punished by law in society in the present-day. So, in the present world, people are not obsessed with only these forms of marriage. Ceremonies To Be Performed by Hindu Marriage Marriage in the Hindu religion is a sacred tie performed by certain ceremonies and rites which are necessary for a valid marriage. Thus, Christian marriage is not a sacrament like Hindu marriage but is a contract between a man and a woman like Muslim marĀriage in which there is greater stress on companionship. While all of these marriages are recognised, not all have religious sanction; four of them are declared to be righteous, and the other four are stated to be non-righteous.
In the present society, though it makes marital adjustment easier, yet it has proved to be dysfunctional in some ways since it creates inter-caste tensions which adversely affect the political unity of the counĀtry, makes field of mate-selection limited and circumscribed, and creates problems of dowry, child marriage, etc. It is observed till now from the Vedic times. Dharma was a religious head who functioned in the capacity of a law maker. Hence, the inferences are drawn from the facts and situation of the case. ADVERTISEMENTS: In addition to these three types of divorce, there are three other kinds of divorce too: ilia, zihar, and lian. This marriage is to be declared void by a competent court under the Hindu Marriage Act, 1955.
In order to bring about the marriage, in view of the sacrosanctity attached to it, various ceremonies were provided by the Hindu philosophers in order to attain the status of husband and wife and keeping the same at the highest pedestal. While earlier mates for children were selected by parents, now children believe in joint selection by parents and children, though cases of individual selection i. Fathers have to decide the boy without asking for her advice or consent. Saptapadiā saptapadi is a very necessary and essential factor of a common Hindu marriage. The prime objective of a marital relationship is for a married couple to be able to complete their religious responsibilities and obligations. Conditions regarding mental health or capacity Section 5 ii a , b , c Hindu marriage Act 1955 discusses the condition of valid of Hindu marriage related to mental health or capacity of the person; if a person is suffering from unsoundness of mind at the time of marriage, Marriage will be considered as void. Similarly, runaway marriages called kifa are also not recognised.
Nature of Hindu Marriage : Contractor Sacrament of Marriage
This 1955 Act covĀers marriages performed with the consent of parents but the 1954 Act covers marriages performed through courts, with or without the parental consent. This provision also indicate that since marriage is a contract it can be dissolved by the consent of the two parties i. Some other essential provisions for a Hindu Marriage Solemnization of Marriage Section 7 Section 7 of the Hindu marriage act 1955 states the solemnization of the Hindu marriage, a Hindu marriage may be performed by all the ceremonies and rituals of both the party or either anyone. Under judicial separation, both the spouses can seek remedy which is the same as under Section 13 1 of the Act. Concept of Marriage The Hindu marriage is part of the Hindu Code Bill which was enacted by Parliament in the year 1955 as The Hindu marriage Act, 1955.
It is involved with the Saptapadi which skill that taking seven rounds around the fire with their partner; after its completion, marriage becomes complete. Hindu Marriage is an ancient tradition which is followed since the Vedic Period to the modern world. Who does not know the loopholes in all the Acts? The number o, Muslims who have more than one wife is negligible now. Dissolution of marriage was normally not an accepted concept. There is no age bar for marriage, and hence many people married during their childhood. Which in turn made the parents of a girl child feel that, a woman is a burden to their family.
Marriage, whether considered as a contract or sacrament, confers, a status of husband and wife on the parties to the marriage, of legitimacy on the children of the marriage, and gives rise to certain mutual rights and obligations of spouses. Its important objectives are: control over sex, procreation of children and perpetuation of family, upbringing of children, and ordering of domestic life. In Hindu Law, son acquires an important place to perform religious ceremonies for himself as well as parents. Hindu marriage is regarded as one of the most essential sacraments. Formerly, marriages only required religious and social approval but in modern times, it requires legal sanction as well.
Change in the form of marriage refers to change from polygyny to monogamy and change in age of marriage points out change from pre-puberty marriages to post-puberty marriages. LawSikho has created a telegram group for exchanging legal knowledge, referrals, and various opportunities. Voidable Marriages Section 12 Any marriage solemnized after or before the commencement of this will be voidable on the following grounds: No sexual intercourse has been done after the marriage due to the impotence of the Husband. Forms of Marriage under the Hindu LawĆ The ancient Hindu law recognized three forms of Shastric marriages as regular and valid. It bore a legal condition of status. The groom shall attain the age of 21 and the bride attains the age of 18.
Hindu Marriage Act 1955 Nature Meaning and Kind of Marriage
Sociology of Indian Society. In a Prajapatya marriage, the bride's father goes in search of a groom, rather than the other way around, which makes it inferior to a Brahma marriage. I want to following passion in field of my profession as Future Judge. The Hindu marriage is totally based on rituals, traditions, and customs. According to Raghunandan, 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 simple parlance, judicial decisions are a source of law and they have binding force. Such marriages are looked down upon.
