Evolution of the Institution of Marriage and Family
Topic Overview
Pre-1955 Systems
There were 8 forms of marriage before 1955, 4 approved and 4 nonapproved legal consequence of all 4 marriage are not similar approved marriage are seen with respect wife are considered dhrampatni and enjoy all rights and unapproved marriage were viewed to be disgraceful and wife does not enjoy such rights and status.
Modern Legal Framework
These 8 forms of marriage did not find any place in the Hindu Marriage Act,1955. The act lay down 5 essential conditions for valid marriage i) monogamy ii) sound mind iii) age iv) Beyond sapinda.
Approved Marriages
Seen with respect, wife considered dhrampatni and enjoys all rights.
Unapproved Marriages
Viewed to be disgraceful and wife does not enjoy such rights and status.
Approved marriages
I) Bhrama
- Father of girl respectfully invites bridegroom at his residence, worship him and offer him his girl as his wife, along with pair of fine cloth and ornament
- Father does not accept any consideration in exchange of bride
- Widow could not be remarried under this form of marriage.
II) Daiva
- Well decorated bride is Offred to the priest who perform religious act and ritual for spiritual benefit of father
III) Arsha
- Bride is offered to a person from whom father has accepted a pair of cow or bull for religious ritual only
IV) Prajapati
- Bride father decorate her worship her and offer her to the groom making a recitation that they together may act religiously throughout prosper and furnish life
- Not necessary bridegroom should be bachelor
Unapproved Marriages
I)Asur
- Bridegroom after having given wealth as much as it is within his means to father and paternal kinsman takes her as his wife with consent of father.
- Ressemblances with kind of purchase of bride. In this type of marriage girl is sold out. This kind of marriage are practiced among Sudras of south India.
II) Gandharva
- Marriage there is union of bride and groom by mutal consent motivated by mutual love and sexual instincts
- Bride and groom established bodily union with religious rites and ceremonies
- Example- dushant and Shakuntala , prevail among kshatriyas, now it is very common from
III) Rakshasa
- Girl is forcibly kidnapped and married to person, who intended to marry her but her father not willing to
- Attacked on brides parents- either killed or wounded
- Breakopen doors takes the girl away weeping wailing and crying for help
- Prevalent in Gondwana caste of Banaras and Betul
IV)Paishacha
- Most condemnable form of marriage
- Sexual intercourse done with girl forcefully while she is asleep, drunk, unconscious or immature
- She is married of to the one who has been guilty of such act
The Ancient Hindu Law had legalised seduction, kidnapping, rape by extending recognition to Gandharva, Rakshasa, paisach from of marriage. In Modern law such act is considered crime
Modern Legislation
These 8 forms of marriage did not find any place in the Hindu Marriage Act,1955. The act lay down 5 essential conditions for valid marriage i) monogamy ii) sound mind iii) age iv) Beyond sapinda.