FORMS OF MARRIAGE UNDER HINDU LAW

FORMS OF MARRIAGE

While defining marriage under Hindu Law, supreme court in BIPINCHANDRA JAISINGHBHAI SHAH V. PRABHAVATI stated marriage as a sacrament, a holy alliance for the performance of religious duties. According to the shastras, Hindu marriage is the last of the ten sacraments for purification enjoyed by an hindu.

Dharma Shastra such as vedas and muni smriti mentioned 8 different types of marriages which although are not specifically provided in Hindu Marriage Act, 1955, but are appraised as customs which are given the status under section 3(a) of Hindu Marriage Act, 1955 (HMA) 

These 8 forms of marriages are even recognised by Supreme Court of India in Koppisetti Subbharao v. State of Andhra Pradesh. 

These 8 forms are divided into 2 categories, approved and unapproved, constituting 4 in each category. 

The 4 approved forms of marriage are : 

Brahma : It is considered as the most supreme form of marriage in which the father of the daughter gift ornaments and jewels to the man he selected for his daughter. 

Supreme Court in Reema Aggarwal v. Anupam and ors. tried to examine whether Brahma marriage is the reason behind the origin of dowry but found contrary to above as it was held that in this form of marriage daughter's father provided gifts at his own wish and not due to any demand or force by husband or his family.

Daiva : In this form of marriage, unlike Brahma, the father gave his daughter as dakshina (sacrificial fees) to the priest. In this form the father of bride come looking for a groom for her daughter. 

This is considered as inferior form of marriage as in this father derives benefits from her daughter by using her as sacrifice and also bride looking for a groom is considered degrading. 

Arsha : In this form of marriage, unlike Brahma and Daiva, the marriage of the bride is done with a rishi or sages. The father of the bride does not give anything, except his daughter, to the bridegroom, infact it is the father of the bridegroom who gives 2 cows or bulls to the bride. This is usually happens kn cases when father of the bride does not have enough money, so he marries his daughter with rishi or sages. 

This form of marriage is not considered noble as bride was exchanged as a business.

Prajapatya : In this form of marriage, father of the bride looks for a groom and there is no trading or kanyadan. The father give away his daughter with only the couple of conditions that both the husband and wife will perform their dharma together. 

The 4 unapproved forms of marriage are : 

Asura : This is the most condemned form of marriage in which the bridegroom before taking away the groom from her father has to give the huge amount of money, or objects worth of that amount to both the father of the daughter and to the daughter herself. 

This is again not considered as the noble form of marriage because in this form of marriage  the groom is being purchased by the husband by paying extravagant amount. 

Gandharva : In this form of marriage, the marriage takes place with the mutual consent of both the spouses and parental consent does not play an important role. The mutual consent is usually considered to be based on true love. 

This form of marriage is considered as unapproved because it evades away the hindu culture by reducing the importance of parent's consent and possibility of high inter caste relations. 

Rakshasa : In this form of marriage, the groom abducts the girl and brutually killed her family and relatives to marry her. In some texts, the condition laid down is that groom gas to fight with the family of bride while performing matrimonial ceremonies. This marriage is named after the evil nature of Rakshas(devil) ot performing cruelty to others. This resembles the kshatriya marriages in wich the king marries the girl after defeating her parents or guardians. 

However this form of marriage now attracts the penal liability under section 366 of IPC. 

Paishacha : In this form of marriage, the man seduces the girl and forced sexual acts on her, usually at night, while she was sleeping, intoxicated, or mentally disordered. Fearing the shame after this, the family of the girl has to agree for thier marriage. 

This act resembles to the act of rape which is now punishable under section 376 of IPC. 

In these 8 form marriages, the points to be notes are : 

1. In S. Authikesavulu Chetty v. S. Ramnujam Chetty and anr. , Supreme Court held that untill the proof is provided to the contrary, marrige is to be considered as approved one and as the property of the childless mother in approved form of marriage goes to her husband. 
2. In Rajbir Singh Dalal v. Chaudhari Devi lal University, it was held that property of the childless mother in unapproved form of marriages goes to her family. 

In regard to the present time, as held in A. L. V. R. S. T. Veerappa Chettiar v. S. Michael Etc, there exist only two form of marriages i.e. Brahma and Asura.