Uncodified Hindu Law

Introduction

• According to Hindu mythology Marriage is • a sacrament• an indissoluble union to be continued even in the next

world. • it can be said as • “ Janma janmala Bhandham”• A man cannot be said to have a material existence until

he took a wife• Marriage was meant for doing good deeds and for

attainment of ‘Moksha’

Characteristic features of Hindu Marriage

• it was much more connected with • Religious duties ‘begetting a son, who enables a man to get deliverence from

the sufferings of hell. It is a sacrament,• Pious obligation• Not a Socio –legal contract , but an indissoluble tie solemnized once and for all• It is regarded as part of the life of the soul Not a mere friendship for pleasure Transfer of domain over the damsel from the

father to the husband Hindu law vests The girl absolutely in her parents and guardians by whom the

contract of her marriage is made. Giving of the girl as a gift to a suitable person is a sacred duty of the father through which the father gets spiritual benefit

It is the basis of social and religious institution and foundation of important legal rights and obligation

Purpose of Marriage• To perform religious rites and sacrifices• to procreate children , who would extent

spiritual benefits to their deceased ancestors, by offering funeral oblationsby perpetuating the name and lineage of their fore-fathers, through a legally wedded wife

Wife is called as ‘ dharma patni’ .i.e, a wife married for the fulfilment of the sacred activities

e damsel fromlations the This school prevails in

Forms of Hindu MarriageApproved forms (a ) Brahma Gift of a daughter clothed only with a single robe to a man learned in Vedas whom her

father invites respectfully chief character Parents do not receive consideration for giving the girl (b) Daiva Damsel is given to a person who operates as a priest in a sacrifice performed by the father, in

lieu of fee or dakshina due to the priest (c) Arsha bridegroom present a cow and a bull ; or 3 cows and 2 bulls to the bride’s father which ia accepted for religious purposes only (d) Prajapatya It does not materially differ from ‘Brahma” with a condition “you to be partners for secular

and religious duties

Unapproved forms of marriage• (a) Asura• Bridegroom having given as much health as he can afford to the father and paternal kinsmen and

damsel herself takes her voluntarily as his wife• Striking feature• receipt of pecimiary benefit by the bride’s parents amounts to a virtual sale• (b) Gandharva• Union of man and woman by mutual consent by exchange of garlands or by rings before the

ceremony of homa• (c) Rakshasa• Forcible abduction of the bride from her paternal home• Ex; Enticing Rukmini by Lord Krishna• (d) Paishacha• marriage of a girl by a man • ,who had committed the crime of ravishing her either• when asleep or when made drunk by administering intoxicating during or when in the state of

mental disorder•

Conditions of Hindu Marriage(Before enactment)

• (1) Identity of Caste:• Prohibition of Prathiloma marriage• Males of lower caste and females of higher caste• Anuloma Marriage• Males of higher caste with Females of lower caste• were permitted by the texts • passage of time the rigorous of caste system dominated the whole scene • parties to the marriage must belong to the same caste• Subsequent change by legislations by providing inter-caste religious marriages• (2) Parties to be beyond the prohibited degrees • Gotra or Pravara• Hindu dharma shastras prohibited marriage between such persona related to each other within certain degrees• Gotra• Principal sage Viswamitra• PRAVARA • Marichi• Kausihika • {3) Performance of marriage• a. Betrothel• b. formalities recital of holy texts before the sacred fire• c. Saptha padhi

Hindu Marriage Act,1955• Act,1955 brought important and dynamic changes in the Hindu Matrimonial concept• It is a landmark in the history of social legislation• i.e., Changes of far reaching consequence, character, which have undermined the

‘Sacramental’ character of marriage and rendered it ‘Contractual in nature to a great extent

• Introduction of fault theory• a basis for obtaining a matrimonial relief like• Judicial seoeration• nullity of marriage and Divorce• Consent theory Introduced by Marriage Laws (Amendment) Act 1976• Parties are free to effect dissolution of marriage in case the marriage has failed

between them• The Act has permitted them to sever their relations by mutual consent•