Marriage
Under the ancient Hindu law, there were formerly eight forms of marriage four approved and four unapproved. A wife married in an approved form become a “Patni” and in no condition of life, either of the two could leave or divorce another. The eight kinds of marriage were.
Approved forms
- Brahma
- Daiva
- Arsha
- Prajapatya
Unapproved forms
- Asura
- Gandharva
- rakshara
- Paishacha
Concept of old Hindu marriage
Case
Tikait munmohini v/s basant Kumar ILR 28 Cal. 758
The Calcutta high court observed that in Hindu law, marriage was a sacrament, a union, an indissoluble union of flesh to flesh, bone with bone to be continued even in the next world.
Case
Gopal Kishan v/s mithilesh Kumari AIR 1979 All 316
The Allahabad high court observes that. The institution of matrimony under Hindu law is a sacrament and not a mere socio-legal contact. It is not performed for more emotional gratification and is not a mare betrothal. Its context is religious. It is regarded as part of the life of the soul. It is a holy spiritual union. A process by which the husband and the wife become one. The bride on the seven steps of the saptabadi loses his original gotra and acquires the bridegroom’s gotra, and a kinship is created where there is not a mare friendship for pleasure.
Nature of marriage
- Marriage under the Hindu marriage act 1955,no longer remains a sacrament an eternal union for spiritual purpose. Under the act provision for the divorce are laid down in section 13 in this act.
- Hindu marriage however has not become a contract, because essential requirement of contract are lacking in the Hindu marriage.
- Marriage of a person of unsound mind or of a minor is not void. Marriage of a person of unsound mind is voidable under section 12 in this act.