Institution of marriage under Hindu law

Introduction

Marriage is an important and valued institution in Hindu culture. It is sacramental union with strong roots in social, spiritual and religious principles rather than just a civil contract. Hindu law views marriage as a lifelong commitment, a sacrament, and an essential human obligation. However, Hindu marriage has changed significantly throughout time, particularly since the Hindi Marriage Act of 1955 codified the rules.

This blog Highlights both traditional Hindu values and contemporary legal framework as it examines the development, concept, forms, validity, and voidability of Hindu marriage.

Evolution of Hindu Marriage

Ancient Perspective

In ancient Hindu literature such as the Manusmriti, Hindu marriage was viewed as a sacred rite rather than a contract. It was considered a divine union required to fulfill Kama (desire), Artha (wealth), and Dharma (responsibility). It was believed that a husband and wife were one soul in two bodies. There was no concept of divorce or separation. Marriage was considered indissoluble.

Medieval and Colonial Era

Marriage became a more rigid and patriarchal institution during the Middle Ages. Social issues like polygamy, child marriage, and dowries increased. Although it acknowledged personal laws, the British colonial system originally did little to change them.

Post-Independence and Hindu Marriage Act, 1955

The most significant change was the Hindu Marriage Act of 1955. Hindu marital laws were codified, and introduced concepts such as: Monogamy, Divorce and judicial separation, Rights of women, Grounds for void and voidable marriages.

This Act marked the change in Hindu law from sacramental to legal recognition of marriage.

Concept of Marriage under Hindu Law

Sacrament vs. Contract

Marriage remains largely a sacrament in Hindu law, particularly in terms of religious and cultural customs. Legally speaking, nonetheless, it is regarded as a social contract with well defined rights and duties.

Case Law: A. Narsimha Rao v. A. Venkatamma (1991)
Facts - In India, A. Venkatamma and A. Narsimha Rao were married in accordance with Hindu customs. Later, Mr. Rao, the husband, moved to the United States and, without his wife's involvement, got a divorce decision from a Missouri court. He subsequently brought legal action in India to declare that the U.S. judgment had legally dissolved the marriage and that his wife was not entitled to maintenance. Issue - Whether a foreign divorce order issued by a foreign court without the wife present and in accordance with foreign law is enforceable in India when the marriage was formally conducted under Hindu law.

Held –It was decided that unless both parties voluntarily agree to the foreign court's jurisdiction and the divorce order complies with Indian law specifically, the Hindu Marriage Act.

Forms of Marriage under Hindu Law

Only a few of the eight types of marriage described in ancient Hindu texts were accepted by the law. They are separated into:

Approved Forms: -

1. Brahma Marriage –The ideal and approved form. The father gives his daughter to an educated and well respected man without anticipating a dowry. Without expecting a dowry, the father delivers his daughter to a learned and respectable guy. focuses on morality, ethics, and religious obligation.

2. Daiva Marriage –A priest marries the daughter during a holy sacrifice. Despite not being the same as Brahma, it was still accepted. And carried out as a religious obligation or sacrifice.

3. Arsha Marriage –The bride is given to the groom in exchange for a token gift, usually a cow and a bull. The gift is not commercial; it is symbolic. Though not particularly frequent in the present era, it is approved.

4. Prajapatya Marriage –After blessing the couple, the father hands the bride over to the groom, saying, "May you both perform your duties together." founded on companionship and shared responsibility rather than religious rites. Focuses on the duties of marriage.

Unapproved Forms: -

5. Asura Marriage –In exchange for marriage, the bride's family receives gold or money from the husband. Unapproved since it was thought to be the bride's purchase.

6. Gandharva Marriage –A marriage based on mutual attraction and consent, free from religious ceremonies or parental permission. Passion is frequently associated with duty instead.

7. Rakshasa Marriage –Against her will or the wishes of her family, the bride is forcibly abducted by the groom. viewed as inappropriate and aggressive.

8. Paisacha Marriage –When a guy takes advantage of a woman who is sleepy, intoxicated, or mentally unwell. Regarded as the most awful kind.

Both approved and disapproved forms from the are legally ineffective under the Hindu Marriage Act of 1955.
A Hindu marriage is only deemed lawful under Section 7 if it is performed in accordance with the parties' respective customary rituals and customs. The marriage is final and legally binding when the seventh step is taken, if the ceremony involves saptapadi (seven steps around the sacred fire). This clause guarantees that marriages adhere to accepted religious or customary customs rather than old categorizations.

Legal Requirements for a Valid Hindu Marriage

A Hindu marriage is deemed lawful under Section 5 of the Hindu Marriage Act, 1955, provided that it fulfils the following requirements:

1. Monogamy 5(i)

When getting married, neither partner should have a spouse who is still alive. A second marriage while the first is still in place is null and void (Section 11) and is punishable under IPC Sec. 494 (bigamy). Case Law: Smt. Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav (1988)

Facts: Under the false impression that Anantrao was single, Yamanabai married him. She found out later that he had a wife who was still alive. In accordance with Section 125 CrPC, she requested maintenance.
Issue: Does Section 125 CrPC grant maintenance to a woman whose marriage is nullified because of her husband's previous marriage?
Held: The Supreme Court ruled that, even if a woman was not aware of the previous marriage, she is not a "wife" under Section 125 CrPC and is therefore not entitled to aid in a null and void marriage (HMA Section 11).

2. Sound Mind

Marriage is only deemed lawful if: (a) both parties are able to offer free consent; (b) neither has a mental illness that would render them unfit for marriage or procreation; and (c) neither has experienced repeated experiences of insanity.

Case Law: Anima Roy v. Prabadh Mohan Roy (1969)

Facts: Anima Roy claimed that her husband had a mental illness that deemed him unfit for marriage and filed for the annulment of their marriage.
Issue: Under Section 12(1)(b) of the Hindu Marriage Act, 1955, may a marriage be dissolved if one of the spouses has a mental illness at the time of marriage?
Held: The court held that the marriage can be dissolved but only in the event that the mental illness is severe enough to prevent marriage and childbearing. According to the Court, a slight mental illness is not adequate; it must be severe enough to interfere with marital duties.

3. Age of Parties

Groom: 21 years, Bride: 18 years
Marriage below these ages is not void but is punishable under the Prohibition of Child Marriage Act, 2006.

Case Law: Lila Gupta v. Laxmi Narain (1978)

Facts: In accordance with Section 15 of the Hindu Marriage Act of 1955, Lila Gupta wed Laxmi Narain when the required waiting time of a year following his divorce was still in effect. The marriage's legality was questioned.
Issue: Does a marriage that violates Section 15 HMA have no legal standing?
Held: The Supreme Court ruled that it is not null and void because Section 15 does not specifically state that such a marriage is void, the Supreme Court ruled that it is not. The clause just forbids marriage during the waiting time; a breach may result in additional legal repercussions, but the marriage remains valid.

4. Prohibited Degrees of Relationship

Marriage is forbidden unless custom allows if the parties are in close blood links, which are prohibited relationships.

Case Law: Smt. Leela v. Laxman (1976)

Facts: The case concerned a marriage that might have been null and void under Section 11 of the Hindu Marriage Act, 1955, because of a prohibited relationship making it void from the beginning.
Issue: Is an invalid Hindu marriage already null and void without a court order, or does it need legal proceedings?
Held: Since a void marriage is deemed void ab initio, or legally non-existent from the beginning, it does not require a decree of nullity.

5. Sapinda Relationship

The term Sapinda refers to both maternal 5th and paternal 3rd generations. Marriage is null and void unless tradition permits.

Case Law: Subramani v. M. Chandralekha (2005)

Facts: One party signed a document claiming to end the marriage through a traditional divorce. According to the reply, their Vellala Gounder community did not have such a custom.
Issue: When a customary divorce decree is not accepted or proven to exist in the society, may it be used to lawfully dissolve a marriage?
Held: According to the Supreme Court, customary divorces must be properly argued and persuasively proven because they are an exception to the general law. The alleged divorce decree had no legal force because the parties did not enter into a plea or create such a custom, and the marriage was deemed to remain intact.

Void and Voidable Marriages

Void Marriages (Section 11)

Marriage has no legal existence and is void from the start.
Reasons: At the time of marriage, either party had a spouse who was still alive. Unless custom permits, the parties are in prohibited degrees of a relationship. Unless custom permits otherwise, the parties are sapindas of one another.
Effect: Children are genuine under Section 16; neither spouse has any rights or responsibilities.

Case Law: Smt. Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav (1988)

Voidable Marriages (Section 12)

A marriage is considered lawful unless a court ruling declares it to be unlawful.
Reasons: 1- Marriage without consent (because of fraud, coercion, or mental illness). 2- A spouse who suffers from a mental disorder is unfit to marry or have children. 3- Respondent impotence. 4- When they were married, the wife was pregnant by another man.

Effect - Rights remain in effect until the court annuls them.

Time-bound: The Petition needs to be submitted within 1 year of the grounds being discovered. Case Law- Deivanai Achi v. Chidambaram Chettiar

Facts: The validity of a marriage between a plaintiff from the Sudra caste and a widow (the third defendant) was at the very core of the conflict. The plaintiffs argued that traditional Hindu rituals, such as panigrahana and saptapadi, are necessary for a lawful marriage, even for widows. Defendants contended that formal ceremonies are not necessary in the Gandharva form (marriage by mutual consent/love), particularly among Sudras.
Issue: Is it necessary for a Hindu marriage to have both secular components (such as the bride's gift or mutual consent) and religious components (marriage rites), or can mere agreement especially in Gandharva form be sufficient?

Held: The court held that both a secular component, such as mutual consent (Gandharva form) or the bride's gift (Kanyadhana), and a religious component, such as ceremonial ceremonies like panigrahana and saptapadi, are required for a Hindu marriage to be lawful.
The Court underlined that genuine ceremonies are essential and that living together or exchanging garlands alone does not constitute a legitimate marriage.

Modern Perspective: From Sacrament to Partnership

Hindu marriage has always been regarded as a sacrament (sanskara), a holy, permanent, and irrevocable bond based on family continuity and religious obligations. Divorce wasn't acknowledged.

Nowadays, marriage is seen more and more as a social and legal relationship, particularly since the Hindu Marriage Act of 1955, because of:

1-Equal rights for couples (Section 13B: divorce by mutual consent).

2-Individual rights (property, custody, and maintenance).

3-Consent and choice are crucial elements.

Therefore, Hindu marriage today strikes a balance between traditional values and the legal recognition of individual freedom and partnership, even though religious practices are still significant.

Conclusion

Hindu marriage has changed from being an immutable religious sacrament to a social contract governed by the law. Modern Hindu law guarantees legal validity, individual rights, and protection, particularly for women, whereas ancient Hindu law placed an emphasis on spiritual unity and obligations.
The Hindu Marriage Act of 1955 provides both legal protections and spiritual sanctity, striking a balance between tradition and modernity. Today, a Hindu marriage involves more than just upholding dharma; it also involves honoring equality, consent, and personal liberty.

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Case References

1-A. Narsimha Rao v. A. Venkatamma (1991)
2- Smt. Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav (1988)

3- Anima Roy v. Prabadh Mohan Roy (1969)

4- Lila Gupta v. Laxmi Narain (1978)

5- Smt. Leela v. Laxman (1976)

6- Subramani v. M. Chandralekha (2005)

7- Deivanai Achi v. Chidambaram Chettiar

References

1- https://www.whiteblacklegal.co.in/details/an-analysis-on-refroms-of-hindu-marriage-act-1955-authored-by---subhashree-mukherjee-

2- https://herhalfofhistory.com/2021/07/01/3-5-how-big-is-your-dowry