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Types of Hindu marriage

August 28, 2024

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This article was written by Vishesh Gupta and further updated by Monesh Mehndiratta. The present article explains different forms of Hindu marriage and the types of marriage currently existing in society. It also explores the nature of Hindu marriage and the changes brought about by the codification of law on Hindu marriage.

Introduction

Did you know that there are different types of marriages existing in society?

Yes, polygamy, bigamy, monogamy, etc., are terms that you might have come across, especially so during the last few years. These are all different types of marriages that exist in society. But what if you were told that there are different forms of marriage within the Hindu religion? What would be your reaction if you learned that there once existed various forms of Hindu marriage?

This is true. In the pre-Vedic and Vedic periods, there were different forms of Hindu marriage. Some of these forms were widely accepted, while others were prohibited. However, after the codification of Hindu Law and the enactment of the Hindu Marriage Act, 1955, monogamy is the only form of marriage accepted and widely practised by people belonging to the Hindu religion in India. This Act provides conditions for a valid Hindu marriage, and monogamy is one of the most important essential conditions. The present article will explain the different forms of Hindu marriage and the change in the situation after the enactment of the Act. It also explores the nature of Hindu marriage and outlines the differences between bigamy, monogamy, and polygamy.

Nature of Hindu marriage

Marriage is one of the oldest institutions in society. It occupies an important place in the social life of a person. In a marriage, the daughter is entrusted by her father to a noble and sound groom, who becomes her husband. The institution of marriage is not new to society, but it found its existence in the Vedic period as well. Through this institution, males and females are united in wedlock, the purpose for which, in Hindu religion, is Dharma and to carry forward the family. This means that a Hindu marriage is considered important for the fulfilment of certain duties.

Every man in the Hindu religion is under an obligation to discharge three debts according to Dharma, i.e., debt to father, debt to God, and debt to sages. For example, the eldest son is supposed to perform the last rites of his parents and ancestors for their salvation. Certain religious ceremonies in the Hindu religion are supposed to be performed by a man along with his companion, i.e., his wife. Thus, marriage in Hinduism is considered a religious sacrament. It can be said that marriage is intended to achieve the higher ends of life, namely, Dharma, artha, kama, and moksha.

Prior to the enactment of the Hindu Marriage Act, 1955, marriage was considered to create an inseparable bond between husband and wife that could not be broken. Manu, regarded as the ancestor of the human race in Hindu tradition and the author of the Manusmriti, opined that when a daughter is married, she remains the wife of her husband for her entire life, with neither remarriage nor divorce being possible. After the death of her husband, a woman was expected to lead a life of simplicity with minimal facilities. Thus, the bond between husband and wife was considered inseparable and unbreakable. Divorce and remarriage were not practised.

However, it is worth noting that within this inseparable bond, the situation for a man was different. He could have more than one wife and, unlike women, did not have any obligation to remain unmarried after his wife’s death. This led to disparity and issues that made it necessary to codify Hindu law. Apart from this, a man had the responsibility of maintaining the family due to the patriarchal nature of society and traditional gender roles. This was another issue that the legislation tried to address.

Since the enactment of the Hindu Marriage Act, 1955, there has been a significant change in marital practices and customs. Unlike in the past, divorce and remarriage are now allowed, and the Act provides provisions for the same. In present times, a husband is required to maintain his wife and provide her with maintenance even if they are living separately. In fact, under Section 24 of the Act, a husband can apply for interim maintenance if he does not have any independent income of his own. Apart from this, the Act allows inter-caste marriages, as there are no restrictions or limitations regarding the caste of either the male or female, while the Special Marriage Act, 1954 provides for inter-religion marriages. However, it must be noted that the core principles and purpose of Hindu marriage remain unaffected even after the enactment of the statute. It is still considered a religious sacrament, with the obligation to perform religious rites and ceremonies.

Different forms of Hindu marriage

In the Hindu religion, marriage is considered a sacrosanct and holy union of two people. Different castes have different cultures and ceremonies to be performed in order to solemnise a marriage. These ceremonies have been recognised and codified in Hindu Law as customs. Prior to the enactment of the Hindu Marriage Act, 1955, and during the Vedic period, there existed different forms of marriage. The various forms of Hindu marriages, such as Manusmriti and the Vedas, have been mentioned in religious texts and Smritis. However, these forms of Hindu marriages have not been specified in the central legislation that now governs Hindu marriages. These forms of marriage were further categorised as:

Approved forms, and
Unapproved forms

Approved forms of marriage

Society recognised and accepted certain forms of marriage among the various forms prevailing at that time. These forms were known as the approved forms of marriage. The following forms of marriage fall under the category of approved forms as these were the ones accepted and practised in society:

Brahma,
Daiva,
Arsha, and
Prajapatya.

Brahma

‘Brahma’ is a widely accepted and approved form of marriage in India, which is still practised in society. This form of marriage is considered supreme among all other forms of Hindu marriage. Its importance is also mentioned in the Manusmriti, written by Manu. In this form of marriage, the daughter is adorned with ornaments and honoured with jewels before being given to a man selected by her father as her husband. The man is usually learned and well-versed in the Vedas. This form of marriage is also known as Brahma vivah.

According to Manu, the son of a wife married according to Brahma rites liberates ten ancestors and descendants. This means that the virtuous actions of such a son will help liberate or uplift ten generations of his ancestors and descendants to achieve a better spiritual state, possibly leading them to attain moksha, or liberation from the cycle of rebirth.

The Supreme Court in Reema Aggarwal vs. Anupam And Ors. (2004) discussed the possibility of Brahma marriage being the origin of the dowry system in India but did not reach a conclusion. However, in practice, the bridegroom may use the custom of ‘exchanging gifts’ to harass and pressure the bride and her parents to give dowry.

Daiva

This type of marriage means ‘marriage related to the rite of the gods’. Unlike in Brahma, a father in this kind of marriage gave his daughter to a priest as a form of a dakshina, which is a sacrificial fee. In this form of marriage, it was the father who searched for a groom for his daughter. However, one feature that makes this form of marriage different and less significant from Brahma is that a daughter was given as dakshina. According to Manu, the son of a woman who marries according to Daiva rites can liberate seven generations of their ancestors and descendants.

Arsha

The third form of approved marriage is Arsha. In this form of marriage, a daughter was married to a sage. The father of the bridegroom gives two cows or bulls to the father of the bride, unlike the other forms where the father of the bride had to give something to the bridegroom. This is the reason why this form of marriage was different from the other forms of approved marriage.

The concept behind such marriage was that it was beneficial for those who could not afford to give expensive items or gifts to the bridegroom. Thus, there was a presumption in this form of marriage that a girl is married to a sage or rishi in exchange for two cows or bulls. However, this form of marriage was not much appreciated because people believed that it was a kind of transaction or an exchange.

Prajapatya

This form of marriage is quite similar to Brahma. The only difference is that there is no kanyadan in this form of marriage, and it is the father who searches for a groom for his daughter. However, in this form of marriage, the father of the bride puts a condition that the couple has to perform their religious obligations, i.e., Dharma, together diligently. The father’s only request and condition to the bridegroom was that he must treat his daughter as his partner, respect her, and also fulfil their religious obligations together. Manu opined that the son of a woman who is married, according to Prajapatya rites, can liberate his six ancestors and descendants.

Unapproved forms of marriage

The following forms of marriage were neither accepted nor recognised and hence categorised as unapproved forms of marriage. People were prohibited from practising such forms of marriage. These are:

Asura,
Gandharva,
Rakshasa, and
Paishacha.

Asura

This form of marriage is highly criticised, condemned, and unacceptable in society. In an Asura marriage, a girl is given in marriage after the bridegroom gives all possible wealth to the father of the bride. This is why this form of marriage is the most condemned. It resembles a business transaction where the bride is exchanged for wealth given by the bridegroom, indicating that the bride is purchased.

The test for determining whether a marriage is ‘Asura’ or not was laid down in Kailasanatha Mudaliar vs. Parasakthi Vadivanni (1931). The test is that if the bridegroom gives any money or kind to the bride’s father as a consideration in exchange for his daughter and they are married, the marriage falls under this form.

Gandharva

In this form of marriage, a man and a woman mutually decide to marry each other, but the agreement arises due to lust, so the approval of parents is not necessary. The man and the woman make a bodily union without performing any religious rites and ceremonies or seeking the consent of their parents. This makes Gandharva a unique and unacceptable form of marriage. Although the concept of mutual consent for marriage was prevalent in the old Hindu system, the rate of solemnisation of such marriages was very low. This was because:

It promoted child marriage.
There were possible chances of inter-caste marriages, which were not approved much in society.
It was against Hindu culture, norms, and values, as there was no parental consent in this form of marriage.

The Supreme Court in the case of Bhaurao Shankar Lokhande & Anr. vs. State Of Maharashtra & Anr. (1965) provided essential ceremonies required for performing Gandharva marriage. One such custom is that the father of the woman should touch the foreheads of the bride and the bridegroom, which completes the marriage. Another custom is the presence of a Brahmin priest. It was also held that without these essential ceremonies, a Gandharva marriage cannot be said to be solemnised under Section 17 of the Hindu Marriage Act.

Rakshasa

The Rakshasa form of marriage was considered one of the most brutal and unapproved marital practices in ancient society. In this form of marriage, a bride was abducted, and her family was subjected to torture. The bridegroom fought against the bride’s family to claim her as his own. This form of marriage was condemned for its cruelty, as it involved the violent kidnapping of a girl and the brutal treatment of her family, which could even lead to their death. The societal disapproval came from its blatant disregard for the bride and her family’s personal autonomy and human dignity.

Paishacha

This form of marriage was deemed one of the most atrocious and reprehensible practices. In this form, sexual relations were forced on a girl while she was unconscious, either due to intoxication or drug administration, which was practically rape. After regaining consciousness, the girl was forced into marriage with the man who had violated her. This practice often involved the man making the girl drink alcohol or administering drugs to impair her senses, or he would simply choose a girl of immature understanding who lacked the ability to comprehend what was going on and resist. The girl and her parents, out of shame and trauma of such acts, had no other option but to agree to the marriage. The condemnation of this form of marriage reflects its extreme violation of personal consent and ethical standards.

Marriage under Hindu Marriage Act, 1955

The institution of marriage has been preserved even in the 21st century. Marriage under the Hindu religion is now governed by the Hindu Marriage Act, 1955, in addition to religious ceremonies. It is an exhaustive piece of legislation and provides the conditions or essentials for a valid Hindu marriage. It is applicable to all Hindus, including Jains, Sikhs, and Buddhists, irrespective of their caste, colour, age, or sex. As mentioned above, even though the sanctity of Hindu marriage has not changed after the enactment of the statute, some new practices like divorce and remarriage have been introduced.

The Act provides essential conditions for a valid marriage under Section 5 and provisions for the registration of marriage. It also offers alternative remedies for divorce, such as judicial separation, and states the grounds on which either spouse can seek divorce or judicial separation. Separate grounds have been provided for wives to seek divorce, along with provisions for maintenance. The Act prohibits bigamy and child marriage. Even though significant changes have been introduced under the Act, the importance and religious significance of marriage remain central. Courts try to preserve the sacramental nature of marriage by giving parties several chances to restore their marriage and relationships.

As mentioned above, Section 5 specifies the conditions for a Hindu marriage. As per this provision, a marriage between two Hindus is said to have taken place if the following conditions are met:

The couple should not be married to someone else at the time of their marriage;
They must be mentally sound and capable of giving a valid consent;
They should not be suffering from a mental disorder that may make them unfit for marriage or for having children. Additionally, they should not be subject to recurrent insanity attacks;
The groom must be at least 21 years old, and the bride must be at least 18 years old;
The couple must not be related to each other within the degrees of prohibited relationship unless their community customs allow such a marriage;
They should not be sapindas of each other unless their community customs permit the same.

Section 7 further stipulates the ceremonies that are essentially performed in order to solemnise a valid Hindu marriage. This section states a Hindu marriage can be conducted according to the traditional customs and rituals of either the bride’s or the groom’s family. Such a ceremony, however, must include saptapadi, where the bride and groom take seven steps together in front of the sacred fire for it to be considered complete and binding. The marriage is deemed complete as soon as the couple takes the seventh step.

Changes brought by the Act

The Act has successfully codified the law related to Hindu marriage, leading to uniformity. It has been given an overriding effect, which has resulted in the abrogation of harmful practices and customs. The following changes have been brought under the Act:

The Act clearly defines its applicability under Section 2. It provides that marriages among Hindus, Jains, Sikhs, and Buddhists are valid marriages.
It establishes monogamy as the only kind of marriage accepted under the law, which is one of the essential conditions of a valid Hindu marriage under Section 5(1) of the Act.
Bigamy has not only been prohibited under the Act but made a punishable offence, with punishments outlined in Section 494 of the Indian Penal Code, 1860 and Section 81 of the Bharatiya Nyaya Sanhita, 2023.
The Act recognises inter-caste marriages as valid.
It provides a clear definition of the terms ‘sapinda’ and ‘prohibited degrees’ in order to determine when a marriage can be held invalid on these grounds.
The Act defines the minimum age of marriage for brides and bridegrooms as one of the essential conditions for a valid marriage in order to prevent child marriages.
It recognises the importance of saptapadi, i.e., the seven steps rounds taken around the fire, in a valid Hindu marriage.
Several matrimonial reliefs, such as restitution of conjugal rights, judicial separation, divorce, etc, have been introduced under the Act.

Monogamy in Hindu Marriage

The term ‘monogamy’ means to have only one partner or marriage with only one person. Unlike polygamy, where a man can marry more than one female, monogamy allows marriage with only one female. It is pertinent to note that the Hindu Marriage Act, 1955, recognises monogamy as the only kind of marriage to be practised and promoted under Hindu Law. Section 5 of the Act clearly provides that ‘neither party should have a spouse living at the time of his or her marriage, thus prohibiting bigamy or polygamy. If this condition is not fulfilled, the marriage will be declared null and void under Section 11 of the Act. This was also stated in the case of Smt. Yamunabai Anantrao Adhav vs. Ranantrao Shivaram Adhava (1988).

In the case of Bhogadi Kannababu & Ors vs. Vaggina Pydamma & Ors (2006), it was observed by the Supreme Court that if the condition mentioned in Section 5(i) of the Act, i.e., monogamy, is violated and a person marries another person during the lifetime of his or her spouse, such marriage would be void ab initio and the second spouse cannot inherit the property of the husband. The same was reiterated in the case of Gulabi vs. Sitabai (2006).

Another landmark case related to bigamy is that of Dr. A.N. Mukherji vs. State (1969). In this case, a man married another woman while his wife was still alive and the marriage was subsisting at the time of the second marriage. It was alleged that the second marriage was accomplished in different ways: the first ceremony was marriage on a full moon night, also called Chandra Anusthan, the second was the exchange of garlands in the temple of Goddess Kali, and a similar ceremony was performed before Guru Granth Sahib. However, none of the ceremonies were recognised in their culture and community, and so the offence of bigamy could not be established.

One question that has been answered by the courts in this regard is whether a person can be restrained from remarrying by an order of injunction. This was addressed in the case of Shankarappa vs. Basamma (1963) by the Mysore High Court. It was held that an injunction can restrain a person from remarrying and can be granted in cases where a spouse apprehends the remarriage of his or her spouse. In the case of Sarla Mudgal vs. Union of India (1995), a landmark judgement on bigamy, a man converted to Islam in order to marry more than one female while his marriage, which was performed according to Hindu rituals, was still subsisting. He had a Hindu wife living at the time of his other marriage. The court convicted him for the offence of bigamy, against which an appeal was filed and decided along with the case of Lily Thomas vs. Union of India (2000).

The Supreme Court held that the institution of marriage is sacred for every religion and that religion is not a commodity to be used or exploited for personal means. It is rather a matter of faith. The court further held that if a man who is already married according to Hindu law and rituals, where monogamy is accepted and practised, converts to Islam to marry again without dissolving his first marriage, it results in the second marriage being declared void. Here, the person is said to have converted for personal gains, leading to religious bigotry.

Difference between bigamy, monogamy and polygamy

Basis of comparison	Monogamy	Bigamy	Polygamy
Meaning	It implies marrying only one person.	It means marrying another person during the lifetime of your spouse while your first marriage is still subsisting.	It means marrying more than one person while your previous marriages are still subsisting.
Recognition and practise	It is recognised and widely practised in Hindu law in India.	It is neither practised nor recognised in India.	It is recognised in Islam.
Cultural acceptance	It is widely accepted and promoted in society.	Not accepted.	Accepted in Islam.
Legal status	This kind of marriage is legally valid. Monogamy is also recognised as an important condition of a valid marriage under the Hindu Marriage Act, 1955.	It is made a punishable offence in India under Section 494 and 495 of the Indian Penal Code, 1860.	Considered valid in Islam.
Whether punishable or not	Since it is legally valid, it is not punishable.	Punishment is prescribed under Section 494 and Section 495 of the Indian Penal Code, 1860	Not made punishable but not promoted much in society.

Conclusion

Marriage is a sacred institution. The core principles and purpose of marriage have always been upheld and preserved, even by the courts of our country. In Hindu religion, it is regarded as a religious obligation. Due to numerous customs and practices, a need for a uniform system was felt. Hence, Hindu law was codified. The Hindu Marriage Act, 1955 helped in bringing uniformity regarding marriage and its essential conditions. Marriage is still seen as sacred and pious. There are different types of marriages, such as monogamy, bigamy, and polygamy, but under Hindu law, only monogamy is considered legally valid. The society also promotes monogamy as it provides a sense of security between husband and wife.

In the present time, only the Brahma and Asura forms of marriage are prevalent in society. The other forms have become almost obsolete. However, both forms of marriage have evolved over time, but the essence of marriage remains the same. Unfortunately, there have been many instances of fraud, domestic violence, and cheating in marriage. Such instances create significant obstructions and instil fear in people’s minds regarding the sanctity of marriage. There is a need to regulate such cases of false marriages, fraud and scams, domestic violence, and cheating. Awareness must be created regarding the purpose and religious obligations of marriage. Legislatures must come up with solutions to curb these instances and matrimonial crimes.

Frequently Asked Questions (FAQs)

Is saptapadi recognised as a valid ceremony for Hindu marriages?

Yes, according to Section 7 of the Act, saptapadi (seven steps taken by the bride and bridegroom together around the sacred fire) is recognised as a valid ceremony for Hindu marriage and marriage is considered complete and binding when the seventh step is finished.

Is it mandatory to register a Hindu marriage?

Section 8 of the Act gives the power to the state government to decide whether registration of marriage is compulsory or not. It also determines the procedure and particulars to be entered in the register for the same.

What happens if any of the conditions of a valid marriage under the Act are not fulfilled?

If any of the conditions mentioned in Section 5 of the Act are not fulfilled or are violated, it results in the marriage being void according to Section 11 of the Act.

Types of Hindu marriage

Introduction

Nature of Hindu marriage