Forms of Marriage: Approved and Unapproved Forms

Introduction                                                                                

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.                                                                                                                          

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. There are 16 sacraments in the Shastri Hinduism in which marriage is one of the important sacraments of Hinduism.

Forms of Marriage According to Hindu Law

The historic textual regulation provided for eight types of marriage, 4 of them have been approved and four others were disapproved. The felony consequences in approved and unapproved varieties of marriage are not similar. 

The spouse in the accepted types of marriage loved the status of Dharmpatni and all its consequential rights whereas the spouse in an unapproved structure does no longer revel in such status. Moreover, the authorized varieties of marriage have been viewed with respect while the unapproved forms had been considered to be disgraceful.  

Approved Forms:

1. Brahma Form: 

In this structure of marriage, the father of the girl respectfully invites the bridegroom at his residence, worships him and gives him the female as his spouse along with a pair of great clothes and adorns etc. Here the father does now not take delivery of any consideration in trade of bride and does now not choose the bridegroom with a view to increase his own career etc. A widow should now not be remarried under this structure of marriage

2. Daiva:

In this form of marriage, a properly decorated bride is provided to the priest who performs non secular acts and rituals for the religious advantages of the father of the bride.

3. Arsha:

In this structure of marriage, the bride is offered to a person, from whom the father has usual a pair of cow or bull for spiritual rituals only

4. Prajapatya:

In this form the bride’s father, decorates the bride with colourful attires and after worshipping her, offers her to the bridegroom, making a recitation to the effect that they (bride and bridegroom) together may act religiously throughout and prosper and flourish in life. In this form of marriage, it is not necessary that the bridegroom should be a bachelor as in the Brahma form.

Unapproved Forms:

5. Asura Form:

This shape of marriage, the bridegroom after having given wealth as tons as it is within his capability to the father and paternal kinsman or to the damsel herself takes her voluntarily as his bride of course with the consent of her father. This structure of marriage has a placing resemblance with a sort of buy of bride as the father or the woman herself has already taken money and the father or guardian later giving his consent to marry the woman in lieu of cash taken.(Chunnilal v.Suraj,38Bom.433) [1]i

6. Gandharava:

In this shape of marriage there is a union of the bride and bridegroom by means of mutual consent stimulated through their mutual love and sexual instincts. Infatuated by way of their bond of love, the bride and the groom establish a bodily union except having carried out any spiritual rites and ceremonies

7. Rakshasa:

In this form of marriage, the girl is forcibly kidnapped and married to a person, who intends to marry her but her father is not willing. There is an attack on the bride’s parents or guardian who is either killed or wounded and thereafter breaking open the door or securing forcible entry into the house, the people at the groom’s side take away the girl, weeping, vailing and crying for help. This type of marriage is still prevalent in the Gonda castes of Barrar and Betul (Madhya Pradesh).

8. Paishach:

According to Dharma shastras this is the most condemnable form of marriage. In this type of marriage sexual intercourse is done with a girl, while she is asleep, or brought in a state of drunk or after she is administered some drug and has lost consciousness temporarily or who is of immature understanding. After the girl is ravished, she is married to one, who has been guilty of such heinous crime.

Otherwise, it could have been said that historic Hindu law had legalized seduction, kidnapping and rape by way of extending attention to Gandharva, Rakshasa and Paisach forms of marriage. In fact, beneath old law, they have been regarded to be serious crimes as they are viewed nowadays and there used to be provision for severest penalties. The historic Hindu jurists had supposed to confer a decent reputation to such ill-fated women i.e., the popularity of wifehood besides providing severe penalty for the wrong-doers, if the lady so wished and her father gave her duly in marriage by way of performing marital ceremonies.

Author Details: Sanchita Rajdev [Student, Law college Durgapur]