Marriage: In the ancient Hindu law, the object of marriage was of great excellence, It was more connected with the performance of religious duties and begetting (bring a child into the world) a son, which will enable a person to get rid of the sufferings of hell and to attain salvation.
Although, it is pertinent to mention the fact that during ancient times, there were different forms of marriage which were either approved or frowned down by the society. Those marriages which were mostly unapproved by the society were not considered valid at the time or the parents of the parties solemnizing this marriage would not give their consent to it
Under the ancient Hindu law, there were 8 forms of marriages:
- Approved forms:
- Brahma Form: the father of the bride gave her hand to the groom who would be knowledgeable in the scriptures and would be a man of good character. The parents did not receive any consideration for giving the girl in marriage.
- Daiva Form: the girl was given to a person who acted as a priest in a sacrifice performed by the father, in exchange of ‘dakshina’.
- Arsha Form: In this form of marriage, the groom in exchange for the bride, gave her father a cow and a bull, or two cows, two bulls. It was accepted only for religious purpose.
- Prajapatya Form: The father of the bride, while giving his daughters hand in marriage, took a promise in return, which was a condition imposed that they shall be partners for performing the secular and religious duties.
2. Unapproved forms:
- Asura Form: the striking feature of this marriage was receiving of the pecuniary benefit by the bride’s parents. The groom would give as much wealth as he can afford.
- Gandharva Form: it was the union of man and a woman by mutual consent. The willingness of the parents to such marriage was immaterial.
- Rakshasa Form: the bride was taken by force from her house. The marriage took place by forcible capture, and it as allowed only to the Kshatriya’s and the military classes.
- Paishacha Form: this was the most degraded form of marriage, when the man has committed a heinous act while she was asleep, or drugged her by some intoxicating drugs and she was forced to marriage.
During the ancient times, the marriage was considered as a sacramental duty for both the spouses to the marriage, and consent did not much have a great priority in the marriage, the parties to the marriage could either be a minor or a person of unsound mind. Although, in the modern times the concept of marriage under Hindu law has been evolved and adapted by the society and It is based on the principles of liberty and equality. Nowadays it is a well-known truth that a marriage must have the permission of both parties in order to be legitimate.
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