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Introduction

Marriage is a sacred union in Hinduism that signifies the coming together of two
individuals to lead a fulfilling life. The concept of marriage in Hinduism is rooted in
the belief that it is a sacred duty to fulfill the four aims of life – Dharma, Artha, Kama,
and Moksha.

Forms of Hindu Marriage

In Hinduism, there are eight different forms of marriage, which are considered
to be sacred and binding. They are as follows:

1. Brahma Vivah: This is the most superior form of Hindu marriage, in which
the groom’s family invites a suitable bride and her family to perform the
wedding ceremony. The bride is chosen based on her virtues, character,
and family background.
2. Daiva Vivah: This form of marriage is arranged by the bride’s family, in
which the groom is selected through a religious ceremony. This type of
marriage is considered to be divine, as the groom is believed to be a gift
from the Gods.
3. Arsha Vivah: In this form of marriage, the groom offers a cow and some
wealth to the bride’s father, as a token of respect and gratitude. This type of
marriage is based on mutual trust and respect.
4. Prajapatya Vivah: This form of marriage is performed without any rituals
or formalities. The bride and groom exchange vows in the presence of a
sacred fire, and pledge to be faithful to each other for life.
5. Gandharva Vivah: This form of marriage is based on mutual love and
attraction, without any formal arrangements. The bride and groom come
together voluntarily, without the consent of their families.
 6. Asura Vivah: This form of marriage involves the groom offering wealth and
gifts to the bride’s family, in exchange for her hand in marriage. This type of
marriage is based on materialistic values and is not considered to be ideal.
7. Rakshasa Vivah: In this form of marriage, the groom abducts the bride
against her will, and the wedding is performed in the presence of a sacred
fire. This type of marriage is considered to be barbaric and is not practiced
in modern times.
8. Paishacha Vivah: This form of marriage is performed without the consent
of the bride, who is either drugged or seduced by the groom. This type of
marriage is considered to be immoral and is not recognized by Hindu law.

Essential Features of Hindu Marriage

Hindu Marriage is an institution that is considered sacred in Hinduism. It is a union of

two individuals who come together to form a lifelong partnership. The concept of
marriage in Hinduism is based on the belief that marriage is a divine bond between
two individuals, and it is essential for the continuation of the human race.

1. Sacrament: Hindu marriage is considered a sacrament, a sacred

institution in Hinduism. The ritual of marriage is performed in the presence
of a sacred fire, and it is believed that the divine blessings of the Gods are
invoked during the ceremony.
2. Monogamy: Hindu marriage is monogamous, meaning it is a union
between two individuals. Polygamy is not allowed under Hindu marriage
laws, and a person cannot marry more than one person at the same time.
3. Consent: The consent of both individuals is essential for a Hindu
marriage. The bride and groom must both agree to the marriage, and they
must be of legal age. The legal age for marriage is 18 years for the bride and
21 years for the groom.
4. Ceremony: Hindu marriage is a ceremonial affair, and it involves several
rituals and customs that are performed before, during, and after the
marriage. These rituals are performed to sanctify the union and seek the
blessings of the Gods.
5. Duty: Hindu marriage is not just a union of two individuals; it is also a
union of two families. It is believed that the duty of the husband is to
provide for the family, while the duty of the wife is to maintain the
household and take care of the family.
Applicability of Hindu Marriage Act

The Hindu Marriage Act was passed by the Indian Parliament in 1955, and it governs
Hindu marriages in India. The Act applies to all Hindus, including Buddhists, Sikhs,
and Jains, and it provides guidelines for the registration and solemnization of Hindu
marriages.

Under the Hindu Marriage Act, a Hindu marriage is legally valid if the following
conditions are met:

1. Both parties should be Hindus – This means that both the bride and the
groom should be Hindus. In addition to this, the parties should not have
converted to any other religion at the time of marriage.
2. Monogamy – The Hindu Marriage Act prohibits polygamy, which means
that a Hindu man cannot have more than one wife at the same time.
3. Age – The bridegroom must be at least 21 years of age, and the bride must
be at least 18 years of age at the time of marriage. Any marriage performed
before this age is considered illegal.
4. Consent – Both parties should give their free and informed consent to the
marriage. If either party is forced into the marriage or is unable to give
consent due to mental illness or incapacity, the marriage is considered
invalid.
5. Prohibited relationships – Hindu law prohibits marriages between certain
close relatives, such as between siblings, parents and children, and uncles
and nieces.
6. Ceremony – The marriage must be performed according to Hindu customs
and ceremonies. The ceremony should be witnessed by at least two
people who are not close relatives of either party.

If all of these conditions are met, the Hindu marriage is considered legally valid.

Objects of Hindu Marriage

Hindu Marriage, as governed primarily by the Hindu Marriage Act, 1955, is not merely a
contractual relationship but a sacred and social institution. Traditionally, it has been
regarded as a sacrament (sanskara) with deep religious and moral significance. The objects
of Hindu Marriage can be understood from religious, social, and legal perspectives.

1. Religious Duty (Dharma)

One of the foremost objects of Hindu Marriage is the performance of religious duties. In
Hindu philosophy, a man is considered incomplete without his wife, and many religious
rites cannot be performed without her participation. Marriage enables both spouses to
jointly perform sacred rituals, thereby fulfilling their dharma.

2. Procreation (Praja)

Another important object is the continuation of lineage through procreation. Begetting

children is considered essential for preserving the family line and for performing ancestral
rites such as shraddha. Sons, traditionally, were believed to ensure salvation for ancestors,
though modern views recognize equal importance of all children.

3. Companionship (Rati)

Hindu Marriage also aims at providing mutual companionship, love, and emotional support
between husband and wife. Over time, this objective has gained greater importance,
emphasizing partnership, mutual respect, and shared responsibilities in marital life.

4. Social Stability

Marriage serves as the foundation of family, which is the basic unit of society. It regulates
sexual behavior, legitimizes offspring, and ensures social order. By establishing stable
family structures, Hindu Marriage contributes to the overall stability and continuity of
society.

5. Legal Recognition and Rights

Under modern law, Hindu Marriage provides legal recognition to the relationship between
spouses. It confers rights and obligations such as maintenance, inheritance, legitimacy of
children, and grounds for divorce and judicial separation. Thus, it ensures protection and
justice within the marital framework.
6. Fulfillment of Personal and Moral Obligations

Marriage helps individuals fulfill moral and ethical responsibilities towards each other, their
children, and society. It promotes values such as fidelity, cooperation, and duty.

Conclusion

In conclusion, the objects of Hindu Marriage have evolved from purely religious purposes
to include social, emotional, and legal dimensions. While traditional aims like dharma and
procreation remain relevant, modern perspectives emphasize companionship, equality,
and individual rights, making Hindu Marriage a dynamic and evolving institution.

Here is the text extracted from the two pages you provided:

[Page 1]

| No. | Void Marriage | Voidable marriage |

| 1. | Meaning: A void marriage is no marriage at all. It does not exist from the very
beginning. | Meaning: A voidable marriage is one which can be avoided at the option of one
of the parties to the marriage. It remains valid for all practical purposes until and unless its
validity is questioned. |

| 2 | Section: Section 11 of the Hindu marriage Act, 1955 deals with void marriage. | Section:
Section 12 of the Hindu marriage Act, 1955 deals with voidable marriage. |

| 3 | Marriage does not exist in the eye of law. | Marriage exists and continues to be valid
unless it is challenged. |

| 4 | The court simply passes the decree of nullity since the marriage has no existence at all.
| The court passes the decree after taking into account necessary conditions. |

| 5 | Parties can remarry without decree of nullity from the court. | Parties cannot do so. |

| 6 | Wife cannot claim maintenance under Section 125 of Cr.P.C. | Wife can claim
maintenance. |

| 7 | Void marriage is void ab initio | A voidable marriage is regarded as valid until the
competent court annuls it. |
| 8 | Parties to a void marriage are criminally liable. | Parties to voidable marriage are not laid
down with penalty. |

| 9 | In void marriages, not only first wife but a third party who is affected can bring a suit in
Civil Court for declaring such marriage void. | In voidable marriages, only the parties have
right to apply for annulment of marriage. |

Void and Voidable marriage under Hindu law

A void marriage is a marriage which is unlawful or invalid under the laws of the jurisdiction
where it is entered. A void marriage is “one that is void and invalid from its beginning. It is as
though the marriage never existed and it requires no formality to terminate.”

A voidable marriage is a marriage which can be canceled at the option of one of the parties.
The marriage is valid but is subject to cancellation if contested in court by one of the
parties to the marriage. The validity of a voidable marriage can only be made by one of the
parties to the marriage; thus, a voidable marriage cannot be annulled after the death of one
of the parties. A voidable marriage exists until it has been annulled by the courts.

[Page 2]

Void marriage (Section 11 of Hindu Marriage Act, 1955) – A marriage will be a void marriage
if:

* If either party has a spouse living at the time of the marriage

* If the parties are within the degrees of prohibited relationship

* If the parties are sapindas of each other

Voidable marriage (Section 12 of Hindu Marriage Act, 1955) – Any marriage shall be
voidable and may be annulled by a decree of nullity on any of the following grounds,
namely:-

* If the marriage has not been consummated owing to the impotency of the respondent

* If at the time of the marriage, either party is incapable of giving a valid consent of it in
consequence of unsoundness of mind

* If at the time of the marriage, either party though capable of giving a valid consent has
been suffering from mental disorder of such a kind or to such an extent as to be unfit for
marriage and the procreation of children

* If at the time of the marriage, either party has been subject to recurrent attacks of
insanity or epilepsy
* If the consent of the petitioner was obtained by force or by fraud as to the nature of the
ceremony or as to any material fact or circumstance concerning the respondent

* If the respondent was at the time of the marriage pregnant by some person other than the
petitioner

In a void marriage, the parties do not acquire any status of husband and wife as such it
does not confer any mutual rights and obligations upon the parties. On the other hand, in a
voidable marriage the parties acquire status of husband and wife and it confers mutual
rights and obligations upon the parties for all purposes until a decree of court annuls it.

In a void marriage, either of the parties to the marriage may marry again without getting a
decree declaring the marriage void. The offence of bigamy is not attracted. On the other
hand, as the voidable marriage is valid unless avoided, neither of the parties can marry
again without obtaining a decree of nullity of marriage or else the offence of bigamy is
attracted.

In void marriage, neither of the parties acquire right of inheritance on the death of other
party when succession opens. On the other hand, in case of voidable marriage, either of
the parties acquire right of inheritance on the death of other party when succession opens,
if the marriage is not annulled.