essay on hindu marriage

The Spiritual Life

“Windows To Spirituality”

Marriage In Hinduism

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Hindu marriage joins two individuals for life, so that they can pursue dharma (duty), artha (possessions), and kama (physical desires). It is a union of two individuals as spouses, and is recognized by law. In Hinduism , marriage is followed by traditional rituals for consummation. In fact, marriage is not considered complete or valid until consummation. It also joins two families together. Favorable colours are normally red and gold for this occasion.

An Indian Hindu wedding ceremony in progress.

Arranging the marriage

The use of  jathakam  or  J anam Kundali  (astrological chart at the time of birth) of the son/daughter to match with the help of a priest is common, but not universal. Parents also take advice from the brahman called ‘Jothidar’ in Tamil or ‘panthulu or siddanthi ‘ in Telugu and Kundali Milaan in northern India, who has details of many people looking to get married. Some communities, like the Brahmans in Mithila, use genealogical records (“Panjikas”) maintained by the specialists.

Jatakam  or  Kundali  is drawn based on the placement of the stars and planets at the time of birth. The maximum points for any match can be 36 and the minimum points for matching is 18. Any match with points under 18 is not considered as an auspicious match for a harmonious relationship. If the astrological chart of the two individuals (male and female) achieve the required threshold in points then further talks are considered for prospective marriage. Also the man and woman are given a chance to talk and understand each other. Once there is an agreement then an auspicious time is chosen for the wedding to take place.

In recent years, with the onset of dating culture in India, arranged marriages have seen a marginal decrease, with prospective brides and grooms preferring to choose a spouse on their own and not necessarily only the one whom their parents find agreeable; this has been more pronounced in urban and suburban areas than rural regions.

Eight types of marriage

Hindu symbolic marriage: eloping couple exchange garlands under a tree. Illustration from Sougandhika Parinaya

According to Hinduism there are eight different types of marriages. Not all have religious sanction. [1]

The eight types are:

• Brahma marriage  – The Brahma marriage is the marriage of one’s daughter, after decking her with costly garments and with presents of jewels, to a man of good conduct learned in the Vedas, and invited by oneself.A Brahma marriage is where a boy is able to get married once he has completed his student hood, or Brahmacharya. Brahma marriage has the most supreme position of the eight types of Hindu matrimony. When the parents of the boy seek for a female, they would consider her family background, but the girl’s father would make sure that the boy that wishes to wed his daughter had the knowledge of Vedas. It is these things that make the basis for Brahma marriage, not a system of dowry.
• Daiva marriage  – The type of marriage that is considered inferior because it is degrading to womanhood. This is where the woman’s family will wait for a specific time to get her wed. If she doesn’t get a suitable groom, then she would be married off to places where family choose by matchmaking through priest who duly officiates at a religious ceremony, during the course of its performance. This used to be the practice followed by many Royals in ancient times to forge diplomatic ties with allies and enemies alike.
• Arsha marriage  – An Arsha marriage is where the girl is given in marriage to a sage. The bride used to be given in exchange for some cows. Agasthya married Lopamudra accordingly. Kings often could not refuse the sages who had such power and standing in society and hence the numerous stories in Mahabharata that portray this practice.
• Prajapatya marriage  – Prajapatya is when a girl’s father gives her in marriage to the bridegroom, treating him with respect, and addresses them: ‘May both of you perform together your duties’. Unlike in Brahma marriage, Prajapatya matrimony is where the bride’s father goes in search of a groom, although this isn’t considered as good as the grooms parents searching for the perfect bride. Also, unlike Arsha marriage, monetary transactions are not a part of the Prajapatya marriage.
• Gandharva marriage  – The voluntary union of a maiden and her lover on own is called Gandharva marriage. When it comes to ‘love’ marriage, it is Gandharva marriage that is the most similar. This is where a groom and his bride could wed without their parents knowledge or sanction. This is how Dushyanta married Shakuntala. Note that this is not same as Dating. Here the bride and the groom exchange vows in the presence of some person, creature, tree, plant or deity before any further action.
• Asura marriage  – Asura marriage is when the bridegroom receives a maiden, after having given of his own free will as much wealth as he can afford, to the bride and her kinsmen. It is Asura marriage that sets itself apart from the other types of marriage. This is a matrimony where the groom may not often be compatible with the bride and may even possess some abnormality but either greed or compulsion on the part of the bride’s father coupled with the groom’s desire and wealth may render it. At all times this type of marriage was considered lowly. In modern times this is unacceptable because it is much like buying a product off the shelf and against common Indian law.
• Rakshasa marriage – Rakshasa marriage is the marriage of a maiden involving her forcible abduction from her home after her kinsmen have been slain or wounded much like its practice in Kazakh and Uzbek cultures where it is still practised as a ritual. The groom will force battles with the bride’s family, overcome them and carry the bride away to convince her to marry him. Because of its use of force this marriage is essentially rape in modern parlance, and it was never considered right – hence the pejorative name rakshasa attached to it. This is condemned in the Manusmriti as a base and sinful act. In modern times it is a crime. Arjuna’s marriage to Subhadra was made to look like this but in reality it was a Gandharva Marriage because both of them were in love a priori and they had the consent of Subhadra’s brother Sri Krishna who actually suggested this subterfuge to preempt Balarama from dissent.
• Paishacha marriage  – When a man by stealth seduces a girl who is sleeping, intoxicated, or mentally challenged, it is called Paishacha marriage. This is condemned in the Manusmriti as a base and sinful act. In modern times this is called Date Rape and is a crime in most civilized lands. [2]

The wedding

Main article: Hindu wedding

A Hindu Marriage Ceremony in progression

Wedding ceremonies can be expensive, and costs are typically borne by the parents. It is not uncommon for middle-or upper-class weddings to have a guest list of over 500 people. Often, a live instrumental band plays. Vedic rituals are performed and the family and friends then bless the couple. Food is served to all the invitees with lots of delicacies. The wedding celebrations can take up to one week depending on the practice in different parts of India.

Types of Hindu marriage and rituals

Historically the  vedic marriage  was but one of the few different types of Hindu marriage customs. Love marriage was also seen in historical Hindu literature and has been variously described by many names, such as  Gandharva vivaha . In certain poor vaishnav communities there is still a custom called  kanthi-badal  which is an exchange of bead-garlands as a very simplified form of ritual in solitude in front of an idol of Krishna, considered a form of acceptable love marriage.

Elopement has also been described in old Hindu literature. Lord Krishna himself eloped with Rukmini on a horse chariot. It is written that Rukmini’s father was going to marry her to Shishupal, against her wishes. Rukimini sent a letter to Krishna informing of a place and time to pick her up.

Symbolic rituals followed by married Hindu women

The married Hindu women in different parts of India follow different customs. Mostly sindoor, mangalsutra and bangles are considered as signs of a married woman. In some places, in especially Eastern India, instead of mangalsutra they put only vermilion on the hair parting, wear a pair of conch bangles (shankha), red bangles (pala) and an iron bangle on the left hand (loha) while their husband is alive. In southern India, a married woman may wear a necklace with a distinctive pendant called a thali and silver toe-rings. Both are put on her by the husband during the wedding ceremony. The pendant on the thali is custom-made and its design is different from family to family. Apart from this, the married woman also wears a red vermilion (sindhoor) dot on her forehead called kumkum and (whenever possible) flowers in her hair and bangles. In medieval times a married woman used to be encouraged to give up all of these when her husband died. This is no longer the practice in many progressive communities any more. In the Kashmiri tradition, women wear a small gold chain (with a small gold hexagonal bead hanging from the chain) through their upper ear which is a sign of being married. The married woman in Kumaon Uttarakhand wear a yellow cloth called pichoda. At the actual wedding, Hindu brides wear bright colored outfits. A red sari or lengha, is usually what the bride wears, she may even choose to wear more than one outfit. The first one is the one she comes to the ceremony wearing from her family, and the second one she gets to change into half-way through the ceremony, which is given to her by her husband and his family. [3]

M.V. Dhurandhar’s Scene Of Hindu Marriage Ceremony

Many people believe that arranged marriage is the traditional form of marriage in India; however love marriage is a modern form, usually in urban areas. Love marriage differs from arranged marriage in that the couple, rather than the parents, choose their own partner. There are various instances from ancient scriptures of Hinduism, of romantic love marriages that were accepted in ancient times, for example Dushyanta and Shakuntala in the story of the Mahabharata. Somewhere in the course of time, arranged marriages became predominant and love marriages became unacceptable or at least frowned upon. Despite some love marriages, the vast majority of Hindus continue to have arranged marriages.

According to some estimates, there wasn’t even 1% of divorce among Hindu arranged marriages. [4]

Same sex marriage

There are both conservative and liberal views about homosexuality and same-sex marriages in Hinduism with Hindu priests having performed marriage of same-sex couples. The  Kama Sutra  acknowledges third-gender marriages wherein same-sex couples with “great attachment and complete faith in one another” get married together. [5]  In 2004, Hinduism Today asked Hindu swamis (teachers) their opinion of same-sex marriage. The swamis expressed a range of opinions, positive and negative.

• Buddhist view of marriage
• Marriages in India
• Interfaith marriage
• Jewish views on marriage
• Christian views on marriage
• Marriage in Islam

Adapted from Wikipedia, the free encyclopedia

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Arranged Marriages, Matchmakers, and Dowries in India

Arranged marriages in india.

Arranged marriages have been part of the Indian culture since the fourth century. Many consider the practice a central fabric of Indian society, reinforcing the social, economic, geographic, and the historic significance of India (Stein). Prakasa states that arranged marriages serve six functions in the Indian community: (1) helps maintain the social satisfaction system in the society; (2) gives parents control, over family members; (3) enhances the chances to preserve and continue the ancestral lineage; (4) provides an opportunity to strengthen the kinship group; (5) allows the consolidation and extension of family property; (6) enables the elders to preserve the principle of endogamy (Prakasa 17) (see Gender and Nation ).

The practice of arranged marriages began as a way of uniting and maintaining upper caste families. Eventually, the system spread to the lower caste where it was used for the same purpose (see Caste System in India ). The specifics of arranged marriages vary, depending on if one is Hindu or Muslim. “Marriage is treated as an alliance between two families rather than a union between two individuals” (Prakasa 15). The Child Marriage Restraint Act of 1929-1978 states that the legal age for marriage is 18 for females, and 21 for males,with most females being married by 24 and most males being married by their late twenties (McDonald). However, many children, age 15 and 16 are married within a cultural context, with these marriages being neither void or voidable under Hindu or Muslim religious law, as long as the marriage is not consummated until the legal age of 18 for females and 21 for males.

Muslim Arranged Marriages in India

In the Muslim faith, it is the responsibility of the parents to provide for the education and the marriage of their children. The parent’s duties are not considered complete unless their daughter is happily married (Ahmad 53).  Marriage is a sunna , an obligation from the parent to the child that must be fulfilled because the female is viewed as a par gaheri , a person made for someone else’s house (53). In this custom, it is the responsibility of the groom’s parents to make the initial move toward marriage: seeking eligible females and insuring their son is marketable. Once a female has been selected, the father of the male sends a letter to the perspective bride’s father, through a maulvi , a liaison between the families, asking the father if his daughter can marry his son. If the female’s father accepts by letter, then a formal ceremony is held at the female’s house, where the father of the groom asks the girl’s father if his daughter can marry. A feast and perhaps the giving of gifts, depending on the region of the exchange, follow the “asking” ceremony. During the feast, the respective parents set a time to solemnize the marriage, “usually during the summer season (garmiyan) because it allows more time for people to attend” (98). The date of the actual marriage ceremony depends on the age of the individuals, which ranges from four years to eight years after the “asking” ceremony (97).

Most Muslim arranged marriages are solemnized four years after the “asking” ceremony. The ceremony itself consists of a sub ceremony: the maledera, where female members of the male’s family wash and dress the male in traditional clothing, and the female dera, where the female is washed, given henna, and given ceremonial jewelry (98). The actual marriage ceremony (nikah) consists of both individuals being asked if they are in agreement for marriage. Once a yes is acknowledged, the Koran is read, and the father determines a dowry, with 40% being paid at the nikah and an agreement that the rest will be paid at a later date. The paying of a dowry is culturally optional, but legally unlawful. Once the dowry has been agreed on, a marriage contract is drawn up and the female goes to live with the husband’s family.

If the daughter remains unmarried, she is considered a spinster, who brings shame upon her family, and she is considered a burden. A woman also suffers this fate if she is separated or single past 24 years old (Stein). For more information, see Divorce in India.

Hindu Arranged Marriages  in India

Marriage is a sacramental union in the Hindu faith. “One is incomplete and considered unholy if they do not marry” (Parakasa 14). Because of these beliefs, many families begin marriage preparation well in advance of the date of marriage, with the help of “kinsmen, friends, and ‘go-betweens’” (14). Most females are married before puberty, with almost all girls being married before 16, while most boys are married before the age of 22 (Gupta 146). However, couples normally do not consummate the marriage until three years after the marriage ceremony (146). The legal age for marriages is 18 for females and 21 for males (McDonald). The male’s family is responsible for seeking the female. The male’s family is responsible for arranging the marriage. Like Muslim arranged marriages, the Hindu culture uses a matchmaker to help find possible matches.  Once a match is found and arrangements met, the two families meet to discuss dowry, time, and location of the wedding, the birth stars of the boy and girl, and education (McDonald). During this time, the males of the family huddle in the center of the room, while the perspective couple sits at the periphery of the room and exchange glances. If the two families agree, they shake hands and set a date for the wedding (McDonald).

Most Hindu pre-wedding ceremonies take place on acuta , the most spiritual day for marriages. The ceremony often takes place early in the morning, with the male leading the female around a fire ( punit ) seven times. After the ceremony, the bride is taken back to her home until she is summoned to her husband’s family house. Upon her arrival, her husband’s mother is put in charge of her, where she is to learn the inner workings of the house. During this time she is not allowed to interact with the males of the house, because she is considered pure until the marriage is consummated. This period of marriage can range from three to six years (McDonald).

Arranged Marriage Matchmaker in India

The traditional arranged marriage matchmaker is called a nayan (Prakasa 21). The matchmaker is normally a family friend or distant relative who serves as a neutral go-between when families are trying to arrange a marriage. Some families with marriageable age children may prefer not to approach possible matches with a marriage proposal because communication between families could break down, and could result in accidental disrespect between the two families (Ahmad 68). Matchmakers can serve two functions: marriage scouts, who set out to find possible matches, and as negotiators, people who negotiate between families. As a scout and negotiator, a family sends the nayan into the community to seek possible matches. The matchmaker considers “family background, economic position, general character, family reputation, the value of the dowry, the effect of alliance on the property, and other family matters” (Prakasa 15). Once a match is found, the matchmaker notifies his or her clients and arranges communication through him or her. Communication is facilitated through the nayan until some type of agreement is met. Depending on the region, an actual meeting between the families takes place, to finalize the marriage agreement, while also allowing the couple to see each other (22).

Once a marriage agreement is met, the nayan may be asked to assist in the marriage preparations: jewelry and clothing buying, ceremonial set-up, and notification of the marriage to the community (Ahmad 68). The nayan usually receives no pay for his or her services, but may receive gifts: clothing, food, and assistance in farming from both families for the services they provide (69).

Newspapers, the Internet, television ads, and social conventions serve as the modern nayan (Prakasa 22). Indian families in metropolitan cities use the mass media as go-between as a way of bridging cultural gaps, in areas where there may be a small Indian population.

Dowries in India

Dowries originally started as “love” gifts after the marriages of upper caste individuals, but during the medieval period the demands for dowries became a precursor for marriage (Prakasa 61). The demand for dowries spread to the lower caste, and became a prestige issue, with the system becoming rigid and expensive. The dowry system became a tool for “enhancing family social status and economic worth” (61). Prakasa notes five purposes of the dowry: (1) provides an occasion for people to boost their self esteem through feasts and displays of material objects; (2) makes alliances with the families of similar status; (3) helps prevent the breakup of family property; (4) gets a better match for daughters; (5) furnishes daughters with some kind of social and economic security (61-62). The expensive nature of dowries has helped raise the marriage age in the middle and lower caste because families have not been able to meet dowry demands, and has also forced some families “to transcend their caste groups and find bridegrooms from other sub caste and different caste” (62).

There are some disadvantages to dowries. Families may suffer financial hardships due to the expensive nature of dowries. They may not be able to afford dowries, therefore prohibiting their children from marriage, causing “girls to occasionally commit suicide in order to rid their fathers of financial burdens” (62). Because of social instances like these, many consider “the dowry system as a social evil and an intolerable burden to many brides’ families”(62).

As a result, the Dowry Prohibition Act of 1961 was passed. It decrees, “to give, take, or demand a dowry is an offense punishable by imprisonment and fines” (77). A dowry is also defined as “any property or valuable security given or agreed to be given either directly or indirectly by one party to a marriage to the other party to the marriage, or by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person at or before or after the marriage as consideration for the marriage of the said parties” (Diwan 77). The law does make the following exclusion: “any presents made at the time of marriage to either party to the marriage in the form of cash, ornament, clothes or other articles, do not count as a dowry” (77). These items are considered wedding gifts. The law does create the following loop hole; “the giving or taking of dowry does not affect the validity of the marriage… if the dowry is given, the bride is entitled to it, but the person giving it is punished by law if discovered” (77).

Select Bibliography

• Harlan, Lindsey, ed.  From the Margins of Hindu Marriage: Essays on Gender, Religion, and culture.   New York: Oxford University Press,1995.
• Kannan, Chirayil.   Intercaste and inter-community marriages in India . Bombay: Allied Publishers, 1963.
• Manning, Henry Edward.  Indian Child Marriages . London: New Review, 1890.
• Uberoi, Patricia, ed.  Family, Kinship, and Marriage in India . New York: Oxford University Press, 1993.

Works Cited

• Ahmad, Imtiaz, ed.  Family, Kinship and Marriage Among Muslimsin India . Manohar: Jawaharlal Nehru University Press, 1976.
• Diwan, Paras.  Family Law: Law of Marriage and Divorce in India . New Delhi: Sterling Publishers Private Limited, 1983.
• Goswami, B, J. Sarkar, and D. Danda, eds.  Marriage in India: Tribes, Muslims, and Anglo-India . Calcutta: Shri Sovan Lal Kumar,1988.
• Gupta, Giri Raj, ed.  Family and Social Change in Modern India . Durham: Carolina Academic Press, 1971.
• Prakasa, Rao.  Marriage,  The Family and Women in India . Printox: South Asia Books,1982.
• Ramu, G.  Family and Caste in Urban India: A Case Study . New Delhi: Vikas Publishing House PVT LTD, 1977.
• Reddy, Narayan.  Marriages in India . Gurgaon: The Academic Press, 1978.
• Saheri’s Choice . Dir. Hamis McDonald. Videocorp LTD, 1998.
• Sastri, A. Mahadeva.  The Vedic Law of Marriage or The Emancipation of Woman . New Delhi: Asian Educational Services, 1918.
• Stein, Dorothy. “Burning Widows, Burning Brides: The Perils of Daughterhood in India.”  Pacific Affairs 61 (1988): 465-485.

Related Web Sites

Bollywood and Women

Caste System in India

Divorce in India

Gender and Nation

Third World and Third World Women

Women, Islam, and Hijab

Author:  Santana Flanigan, Fall 2000 Last edited: October 2017

Related Posts

Introduction to postcolonial / queer studies, biocolonialism, 13 comments.

very well elaborated article, very useful. thanks for sharing.

This was so helpful. It was detailed and easy to understand.

Great article. Clarified a lot for my research paper

Thanks for the great information. Beautifully written.

I also wrote about how deep-rooted marriages are in Indian culture and how we are forced to marry at a particular age to someone in our cast and sub caste. I narrate my struggle with the orthodox system to stay unmarried even though I am 30 years old now.

Do visit my blog to read the article and let me know if you like it. 🙂

I have a question: Despite arranged marriages being encouraged at the legal age of 18, many girls are married as teenagers; why?

Pingback: Arranged Marriage: – Nick’s Blog

Hey I am a high school student in the 11th grade and I am working on a capstone project that is focused on arranged marriges and one of the components to the project is to contact an expert on the topic. I would really like some feedback from you guys and it would really help me alot

Thank you for the comment. Unfortunately, we are not experts on arranged marriage. If you email us at [email protected] with more details, I can try to find you some sources or connect you with someone that might be able to help you.

I am a high school student and I was wondering what credibility the author has for this source because I would like to use it in a paper I am writing. If you could help me that would be amazing and it would really help me.

Thank you for the comment. The post serves as an overview of Arranged Marriage in India. If you want to research further, see the “select bibliography” and “works cited” at the end of the post for additional sources.

Hey, Im doing a capstone project on arranged marriage too, but I’m looking at it more in a way of how science is involved in this traditional system in our modern days of technology. Good Luck on your paper!

The only way to achieve happiness is to cherish what you have and forget what you don’t have

Pingback: Netflix’s Indian Matchmaking and the Shadow of Caste - Non Perele - News Online

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From the Margins of Hindu Marriage: Essays on Gender, Religion, and Culture

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William Harman; From the Margins of Hindu Marriage: Essays on Gender, Religion, and Culture. Journal of Asian Studies 1 August 1997; 56 (3): 816–818. doi: https://doi.org/10.2307/2659654

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When ‘Honor’—and Bureaucracy—Stand in the Way of Marriage

Indian law protects intercaste and interfaith unions. but many couples still can’t wed.

Despite having marriage rights since the 1950s, interfaith and intercaste couples still face considerable challenges, socially and bureaucratically. Caste scholar Khushbu Sharma explains why this issue persists. Courtesy of Ruchi Arjun Solanki/Wikimedia Commons ( CC BY-SA 4.0 DEED ).

by Khushbu Sharma | December 13, 2023

In May 2022, a video depicting a 25-year-old man in Hyderabad being publicly murdered by his wife’s family members in retaliation for the couple’s interfaith relationship went viral on social media in India. In March 2023, a similarly shocking incident made headlines: In the southern state of Tamil Nadu, a man of the Nadar caste had killed his 27-year-old son and injured his daughter-in-law out of disapproval for his son marrying her, a woman of Scheduled Caste, often known as Dalits.

Beyond these two particularly gory cases, there are innumerable others in which individuals who have chosen partners across religious and caste boundaries have been harassed, humiliated, excommunicated, and murdered. A recent report by the Dalit Human Rights Defenders Network showed that in cases of intercaste marriages, violence is commonly perpetuated by powerful caste groups toward the marginalized Scheduled Castes and Other Backward Classes—official terminology employed by the Indian government and used commonly.

In a society that remains deeply divided along caste and religious lines, the stakes are high for young men and women in India who dare to transgress the socially-defined boundaries of love and family alliance. While Indian law gives all citizens the right to choose their partner, in practice, state actors often play a violent role in upholding conservative social norms. Caste, homophobia, patriarchy, religious bigotry, and state norms all nourish one another and accentuate the danger to the lives of non-normative couples.

Caste is a hierarchical system in which individuals are assigned an identity based on the social group into which they are born, and each caste group oppresses those below them while being oppressed by those above them. The caste location of an individual affects almost every aspect of their life, from their friendships to their educational opportunities, their job prospects to their voting behavior. The system operates through both force and consent, and Hindu religious scriptures support it.

Castes maintain themselves through the principle of endogamy, in which people belonging to a group are restricted in terms of their choice of partner to others from the same group. Any love or marital alliance that defies this boundary is seen as transgressing the institution. Historically, some forms of intercaste marriages have been dealt with more stringently than others. Hypergamy—marriage between a man of “higher” caste and woman of “lower” caste—has remained relatively acceptable, at least in India’s rural agrarian regions. This has never been the case with hypogamy—marriage between a man of a “lower” caste and woman of an “upper” caste—which is seen as a pollution of the bloodline and social standing.

While religion is not always birth-based in the same way as caste, discouraging social reproduction outside one’s religion is likewise a quintessential mechanism through which religions maintain their boundaries. Desiring the “other,” falling in love with them and marrying them has never been a regular feature of social life in India, and the idea of it has always been a cause of distress and animosity among caste and religious groups.

At a basic level, then, acts of violence against intercaste and inter-religious couples stems from anxiety within social groups about losing control over women’s sexual and romantic choices.

The Indian state condones and even facilitates the violence against couples who cross these socially-sanctioned lines. Legally, this shouldn’t be the case. When India gained independence and drafted its constitution in the 1940s, it established citizens’ right to choose partners beyond caste and religious boundaries. In 1948, the Hindu Code Bill enshrined for Hindu women the rights of divorce and property and the right to marry a partner of her choice. Subsequently, the Special Marriage Act (1954) and the Hindu Marriage Act (1955) were passed to realize these rights. Several state-sponsored programs have offered financial support to socially transgressive marital unions, and in some Indian states, courts have ordered the creation of shelters where vulnerable couples can seek police protection from angry relatives and community or religious groups.

Yet in practice, the state does not guarantee these rights. The bureaucratic process required to take advantage of the Special Marriage Act is onerous. One male partner of an interfaith couple told me that the process was so difficult that it seemed clearly designed to discourage inter-religious marriages. “We [have been] making rounds from one government office to another for months now,” he said. “Every time, they come up with a new loophole in our documents. This time, when nothing was left, they made an excuse out of the pixel size of our photographs.”

Another way that the state creates barriers to these relationships is through policing. In order to escape from the hostility of family members and others, couples often choose to elope and run away to seek state protection elsewhere. But a 2003 report by the People’s Union for Democratic Rights argued that more often than not, the state institutions charged with providing protection in such situations—particularly the police—side with the families of the eloped women. In some cases, state actors help families forge false cases against the couple, or bring couples out from hiding and hand them over to their families. The patriarchal ideology of “honor” and its “loss” holds sway over all social groups and compels members of the police, bureaucracy, and courts to have sympathy for the women’s parents and relatives.

Why does the state play this regressive role? India’s state machinery is predominantly represented by people from “upper” caste groups. The allegiance of the people sitting at the helm of power and running state institutions lies more towards their social identities, in other words, their caste and religion, rather than in favor of fair and equal rights.

Addressing these cultural and bureaucratic barriers is becoming all the more important as India faces a new political struggle: the nascent LGBTQIA+ movement’s efforts to seek recognition of same-sex marriage. In September 2018, the Supreme Court of India scrapped Section 377 of the colonial-era penal code, which criminalized homosexuality; a historic moment for Indians outside the country’s heteronormative social and legal orders. Now, the LGBTQIA+ movement has begun to seek the recognition of same-sex marriages through petitions to the country’s Supreme Court based on the Special Marriage Act. Yet even if those petitions are successful, same-sex couples might face similar obstacles to realizing their right to a relationship with the partner of their choice as current intercaste and interfaith couples have encountered.

To make life more viable for all, India’s state needs to address these structural barriers. The state needs to improve the process of registering a marriage under the Special Marriage Act, and to sensitize its bureaucratic agents—in particular, the Registrar of Marriages and the police. Couples who ask for police protection citing danger to their lives should be protected immediately, irrespective of whether they have obtained a marriage certificate or not. Protecting basic life choices of its citizens can be a small yet important litmus test for India’s democracy.

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Hindu Marriage Act 1955, Salient Features, Important Sections

Hindu Marriage Act is an Act of the Parliament of India enacted in 1955. Read all about Hindu Marriage Act 1955, Salient Feature and Important Sections for UPSC Exam.

Table of Contents

Hindu Marriage Act

In India, marriages between Hindus, Buddhists, Jains, and Sikhs are governed under the Hindu Marriage Act. For solemnising and recording weddings, it lays out the procedures and regulations. The legislation outlines the prerequisites for a legal marriage, the duties and rights of spouses, and the grounds for divorce.

One of the most crucial subjects for the UPSC IAS exam is the Hindu Marriage Act of 1955. It covers a sizeable portion of the Polity subject in the UPSC Prelims General Studies Paper-1 syllabus and the Mains General Studies Paper-II syllabus. Hindu Marriage Act is an important part of Indian Polity which is an important subject in the UPSC Syllabus . Students can also go for UPSC Mock Test to get more accuracy in their preparations.

Hindu Marriage Act Introduction

An important law in India that controls the solemnization and other aspects of Hindu marriages is the Hindu Marriage Act. It was passed in 1955 and is applicable to everyone who isn’t a Muslim, Christian, Parsi, or Jew, as well as Hindus, Buddhists, Jains, and Sikhs. The statute intends to control and safeguard how marriage is conducted within the Hindu community and to uphold certain rights and obligations.

Also Read: Surrogacy in India

Hindu Marriage Act Structure

In order to protect the rights of Hindu couples who get married, India created the Hindu Marriage Act in 1955. These regulations deal with Hindu family issues. The Hindu Succession Act, the Hindu Minority and Guardianship Act, and the Hindu Adoptions and Maintenance Act are three of the laws that were created in 1956. Hindu households place a lot of value on these deeds. Due to the variety of methods Hindus might get married based on their traditions, the rules do not specify exactly how a Hindu wedding should be conducted. Its goal is to ensure that Hindu brides and grooms have legal protections and privileges once they enter into the holy union of marriage.

Six Chapters make up the Act of 1955, which has a total of 29 Sections. The Act’s provided association is shown below.

Hindu Marriage Act 1955

It applies to all of India, with the exception of the State of Jammu & Kashmir , and to both Hindu residents of the extended regions as well as those who are outside of them. Important factors include:

• It does not apply to members of any scheduled tribes unless the Central Government specifically directs otherwise by notification in the official Gazette.
• It applies to Hindus (in any of its forms or developments), as well as Buddhists, Sikhs, Jains, and those who are not Muslims, Christians, Parsis, or Jews by religion.
• Sections 13 of the Hindu Marriage Act and Section 27 of the Special Marriage Act both contain provisions relating to divorce.
• Under these Acts, the following broad categories constitute common grounds for divorce that either a husband or a wife may use: adultery, desertion, cruelty, insanity, venereal disease, mutual consent, and disappearance for seven years.

Hindu Marriage Act 1955 Important Sections

Hindu marriage act section 9.

Section 9 of the Hindu Marriage Act addresses circumstances where one spouse leaves the other without a good reason. It enables a spouse to request from a judge the restoration of their marital rights. Requesting the other spouse to move back in with you so that you can carry on living as a married couple is known as restitution of conjugal rights. The petition may be submitted by either the husband or the wife.

The petition must state that the respondent (the other spouse) has distanced themselves from the petitioner without a valid reason. The petition will be reviewed by the court, and it may be decided to use counselling or other methods to try to bring the parties together.  The court may issue a decree for the return of conjugal rights if reconciliation is not possible. The ruling may outline the conditions for regaining conjugal rights.

When a respondent disobeys a court order, the petitioner may pursue legal remedies including contempt of court. It’s crucial to remember that physical force or coercion cannot be used to enforce the restoration of marital rights. The court may decide not to issue a ruling for the restoration of conjugal rights if it thinks there are good reasons for the withdrawal.

Hindu Marriage Act Section 13

The Hindu Marriage Act’s Section 13 addresses grounds for divorce. It clarifies when one spouse may request a divorce from the court. The various legal grounds for divorce discussed in this section include cruelty, adultery, abandonment, conversion to another religion, mental illness, and incurable medical illnesses.  “Cruelty” refers to when one spouse injures the other so severely that they are unable to maintain their marriage, whether it be physically or mentally. When a married individual engages in sexual activity with a person other than their spouse, it is considered adultery.

Desertion occurs when one spouse abandons the other for at least two years without a valid reason. When one spouse leaves their Hindu faith and adopts a new one, that spouse has converted to a different religion.  “Mental illness” refers to when one partner has a severe mental condition that makes it difficult to maintain a happy marriage. Diseases that are incurable and have a significant negative impact on the spouse’s health and emotions.

The impacted spouse may file for divorce if any of these grounds are shown to be valid in court. Remembering that divorce is a serious decision should come only after exhausting all other options for peacefully resolving the issues. It is advisable to seek legal counsel from an experienced attorney who is familiar with the law because divorce cases under Section 13 of the Hindu Marriage Act can be intricate and unique in each circumstance.

Hindu Marriage Act Section 24

The Hindu Marriage Act’s Section 24 addresses alimony and maintenance payments. The payment made by one spouse to the other during and after a divorce is referred to as maintenance. One spouse may request maintenance under Section 24 if they are unable to support themselves financially. The court decides the amount of maintenance by taking into account criteria like income, assets, and the financial needs of both spouses.

Depending on their needs and financial status, the husband or the wife may receive maintenance. When deciding on maintenance, the court also takes the standard of living throughout the marriage into account. Depending on the circumstances, maintenance can be given either monthly or all at once. If either spouse’s financial condition changes, the court may amend the support.

The court may review or terminate the maintenance if the spouse receiving it gets remarried or starts seeing someone else. It is crucial to remember that maintenance granted under Section 24 is just temporary and intended to give ongoing financial support until the divorce case’s final resolution.

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Hindu Marriage Act FAQs

What is hindu marriage act.

According to Section 7 of the Act, a Hindu marriage is lawful under the 1955 Act if it is performed in conformity with the traditional rites and ceremonies of either party.

What is 5 Hindu Marriage Act?

A marriage between a Hindu man who converted as Christian and a Christian lady in a Hindu form is not a valid marriage. According to section 5 of the Act marriage can be solemnised between two Hindus.

What is valid marriage?

The bridegroom must have completed 21 years of age, while the bride must have completed 18 years of age. The parties must give their voluntary consent to the marriage. Neither of the parties should have a living spouse at the time of the marriage.

What are the rules of Indian marriage Act?

The minimum age criteria for marriage are set as 18 for women and 21 for men by the highest jurisdiction.

What is 17 of Hindu Marriage Act?

As per Section 17 of the Hindu Marriage Act, 1955, it states the punishment of bigamy: "Any marriage between two Hindus (which includes Buddhist, Jain, or Sikh) solemnized after the beginning of this Act is void if, at the date of such wedding, either party had a husband or wife living.

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