COURSE- FAMILY LAW- 1

COURSE CODE- LL261

TOPIC- FORMS OF MARRIAGE

SUBMITTED TO: -

Ms. MONIKA KOTHIYAL

ASSISTANT PROFESSOR
ILS

SUBMITTED BY: -
AMAN PRASHAR
BBA LLB 2ND YEAR
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AMAN PRASHAR
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 INTRODUCTION

Texts of Hindu religion such as Manu Smriti and the Vedas, mention 8 different
forms of marriages. Although The Hindu Marriage Act 1956 which governs Hindu
Marriages does not specify any form of marriage in its central legislation, however
these forms of marriage are still present and defined in the law as ‘customs’ which has
been given a legal status under sec3(a) of The Hindu Marriage Act,1956.

Marriage under Hindu religion is a sacred union of two individuals. There are various
ceremonies, according to different castes that are necessary to be performed to
establish the marriage. Some of the most relevant ceremonies and traditions are
codified under the Indian Legal System as customs.

Although every practice or form of marriage does not simply qualify as marriage it
should have been uniformly and continuously observed for a very long time and it
should not be disputed or unaccepted by certain people of the group. It should also be
in accordance with the public policy and follow all the laws whether local or centre
made.
In this assignment various approved and unapproved forms of marriages are discussed
in detail along with their detailed analysis and what pros and cons it have on the
society and how it affects the whole society at large.
Normative texts, dharma texts and some Grhyasutras classify marriage into eight
forms namely: -
 Brahma
 Daiva
 Arsha
 Prajapatya
 Asura
 Gandharva
 Rakshasa
 Paishacha

AMAN PRASHAR
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Supreme Court in its judgement in ‘Koppisetti Subharao vs The State of A.P’ also recognised
the existence of 8 forms of marriage given by Aryan Hindus.

DIFFERENT FORMS OF MARRIAGES

ब्राह्मो दैवस्तथैवार्षः प्राजापत्यस्तथाऽसुरः ।

गान्धर्वो राक्षसचैव वश्चैपै चचाष्टमोऽधमः
चश्
श्चा चाष्
टमो
ऽधमःशा
॥ २१ ॥

 APPROVED FROMS

1. BRAHMA MARRIAGE

तशी
"रु लवतेरुस्वयम् ।
आच्छाद्य चार्चयित्वा च रुत"लवते
आहूय दानं कन्याया ब्राह्मो धर्मः प्रकीर्तितः ॥

‘Brahma’ is one of the most practised forms of marriage and one of the most popular forms in
India. It is also considered to be the supreme of all the eight forms of marriages. Manu Smriti
has given great importance to this from of marriage.

The brahma form of marriage basically means as the gift of the daughter after being decked
with ornaments and honoured with jewels to a man selected by the father of the bride and the
man must be learned in Vedas. The Brahma form of marriage are the rituals of the Brahmans
who according to the Manu Smriti have the duty to accept gifts.

The Brahma form of marriage however was questioned in one of the Supreme Court cases to
be the origin of the dowry system in India, this however cannot be true as the father of the
bride voluntarily gifts the bride to the groom and there is no obligation mentioned as to
gifting something along with the bride to the groom.

‘Conffarreatio’ form of marriage practiced in Ancient Rome also resembles Brahma

Marriage. It is also mentioned in the Manu that the son born of a marriage redeems former
sins of ten ancestors, ten descendants and himself.

AMAN PRASHAR
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In Mahabharata it is also suggested that the kshatriyas practiced the Brahma form of
marriage, although the Brahma Marriage is said to be of only Brahmin caste, as suggested by
the name of it.

In this form of marriage social decency was maintained to full extent and religious rites were
observed to the extent possible. It also implies an advanced stage of social progress as the
form of marriage appears to have been intended as a reward for learning in the Hindu
scriptures and thought to be an impelling force for the study of Vedas.

AMAN PRASHAR
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 2. DAIVA MARRIAGE

यज्ञे तु वितते सम्यग् ऋत्विजे कर्म कुर्वते ।

अलङ्कृत्य सुतादानं दैवं धर्मं प्रचक्षते ॥

Daiva-Vivaha means ‘marriage related to the rite of Gods.’ In this form of marriage, the
father of the bride gives away his daughter to a priest as Dakshina (sacrificial fee) for
officiating in the sacrifice conducted by the father of the bride. The groom does not go
looking for the bride, but the bride’s parents search for the proper groom for their daughter.
This form of marriage is inferior to the Brahma form of marriage because the father of the
bride derives a benefit by using his daughter as a sacrifice and because it is considered
degrading for women to go looking for a groom.

According to Manu son born out of Daiva form of marriage liberates 7 of their ancestors and
descendants and themselves. When the parents of the girl start looking for a suitable match
for their daughter immediately after she attains puberty. Their priority is to get her married
off at the earliest. But in case they fail to find and fix her marriage within a reasonable time to
a suitable groom of their choice, they decide to offer the girl as Dakshina to a priest, which is
called Daiva marriage.

No qualities of groom like good character, conduct, etc. are emphasized in this form of
marriage. Typically, this type of marriage literally amounts to giving away the bride to the
priest, at times due to inability of her family to organise her, being poor.

The practice was followed by many royals in ancient times to forge diplomatic ties with allies
and enemies (after getting defeated) alike by giving away their daughters can also be
considered as this type of marriage. Giving away of Jodhabai by her father, Raja Bharmal of
Amber to Akbar and giving away of Uttara by her father, the king Virata of Matsya to Arjuna
as his daughter-in-law are few of many such examples.

AMAN PRASHAR
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 3.ARSHA MARRIAGE

एकं गोमिथुनं द्वे वा वरादादाय धर्मतः ।

कन्याप्रदानं विधिवदार्षो धर्मः स उच्यते ॥ २९ ॥

The third form of approved is Arsha Marriage where the father gives his daughter after
having received from the bridegroom one pair of kine, or two pairs for uses prescribed by
law, that marriage is termed ‘Arsha.’

This form of marriage is called Arsha because it was current mostly in the priestly families as
its very name suggests. In this form of marriage, the pair of kine, or two pairs, constitute the
price of the bride. Sir Goordas Banerjee holds the view that it means the ceremony of the
Rishis and is perhaps indicative of the pastoral state of Hindu Society, when the gift of
daughters in marriage was not common and cattle formed the pecuniary consideration for the
gift.

The epics and the puranas contain many examples of this form of marriage, one such being
the marriage of sage Agastya and Lopamudra. The importance of this form of marriage has
been highlighted in the Vishnu Purana and the Matasya Purana. It is said that the person who
gives a maiden in this form of marriage earns the competence of reaching the region of
Vishnu in heaven.

Thus, Arsha form of marriage symbolizes the pastoral stage of the Hindu Society where cattle
were considered indispensable. This form of marriage was also peculiar to the Brahmins.
However, the Arsha form of marriage could not be practised in the later period due to the
decline of sacrifices and conception that marriage is a pure gift by the father is an offence to
the religious sentiment of the Hindus.

AMAN PRASHAR
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The number of persons redeemed by the male offspring of such marriage is only six(three
male descendants and three female ascendants), Nevertheless, the importance of this form of
was evident in many texts.

4.PRAJAPATYA MARRIAGE

सहौभौ चरतां धर्ममिति वाचाऽनुभाष्य च ।

कन्याप्रदानमभ्यर्च्य प्राजापत्यो विधिः स्मृतः ॥ ३० ॥

The Prajapatya form of marriage is a righteous form of marriage. It is a form of

marriage where a girl’s father gives her hand in marriage to bridegroom, treating him
with respect, and addressing them with the following words “May both of you
perform together your religious duties.”
In a Prajapatya marriage, the bride’s father goes in search of a groom, rather than the
other way around, which makes it inferior to a Brahma marriage.
The basic condition given by the father of the bride is that the bridegroom must treat
the bride as a partner and fulfil their religious and secular duties together.
According to Manu Smriti the son born out of that marriage liberates six ancestors
and descendants.
Prajapatya Marriage was most common when the bride and groom were very young,
and as such the bride’s father handed his daughter to the groom’s father for protection
during the panigrahan or hand-receiving ceremony. This ceremony was very
important in the Vedic tradition.
Although the wedding ceremony itself may have taken place immediately after the
hand receiving ceremony, the wedding may have not been consummated for some
years, if the bride and groom were very young.
In this marriage a holy Yajna is performed where learned person and parents do
marriage and advice both (boy and girl) to continue their family life religiously. In
this marriage all the married learned persons give blessings to newly married couple.

AMAN PRASHAR
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  UNAPPROVED FORMS OF MARRIAGE

5.ASURA MARRIAGE

ज्ञातिभ्यो द्रविणं दत्त्वा कन्यायै चैव शक्तितः।

कन्याप्रदानं स्वाच्छन्द्यादासुरो धर्म उच्यते॥

This is one of the four unapproved forms of marriage where a man(groom) carries away a
woman (bride or maiden) after giving wealth as may be sought by her father on the plea to
recover the money spent on her upbringing, it is called Asura marriage. This type of marriage
is recommended for Vaishyas and Shudras among four varnas of the Hindu social order in
Hinduism. This form of marriage is not recommended for Brahmin and Kshatriya and as such
considered as unlawful. Typically, it depends on will and desire of man and his wealth but
irrespective of willingness of bride.

This type of marriage is literally buying the bride by paying the sum to the kinsmen. This
type of marriage may amount to rich and incompetent man having many wives but the poor
competent man having no money to marry.

For such reasons, this type of marriage is not considered as dignified but viewed as lowly.
The learned father of the girl should not accept even the lest amount of price. If he accepts it,
he comes to be regarded as the seller of children. In the present day this form of marriage is
still popular amongst the low caste Hindus and some other tribes of India.

The Asura form of marriage was prevalent in ancient India when the bride had a value or she
was construed to be an article of merchandise. He who wished to procure her had to pay for
her. Thus, this form of marriage is based on an agreement between two families as a
commercial transaction.

AMAN PRASHAR
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This was called the Asura form of marriage, as being the ceremony of the Asuras, or the
aboriginal non-Aryans tribes of India. But a marriage was not construed as ‘Asura’ form of
marriage by the mere fact of the bridegroom giving the bride or her father a present as a token
of complement.

6.GANDHARVA MARRIAGE

इच्छयाऽन्योन्यसंयोगः कन्यायाश्च वरस्य च ।

गान्धर्वः स तु विज्ञेयो मैथुन्यः कामसम्भवः ॥ ३२

According to Apastamba Grhyasutra, an ancient Hindu literature, Gandharva marriage is a

type of marriage where the woman chooses her own husband. They meet each other of their
own accord, consent to live together, and their relationship is consummated in copulation
born of passion. This form of marriage did not require consent of parents or anyone else.
According to Vedic texts, this is one of earliest and common forms of marriage in Rig Vedic
times.

In Rig Vedic opinions and classical literature, the commonly described marriage type was
Gandharva, where the bride and the groom had met each other in their ordinary village life, or
in various other places such as regional festivals and fairs, begun to enjoy each other's
company, and decided to be together. This free choice and mutual attraction were generally
approved by their kinsmen.

In Mahabharata, one of two major epics of Hindus, Rishi Kanva, the foster father
of Shakuntala, recommends Gandharva marriage with the statement “The marriage of a
desiring woman with a desiring man, without religious ceremonies, is the best
marriage.” Elsewhere in Mahabharata, the epic says “No man any longer asks for the
daughter, nor does a father give away his daughter, they (women) find the man for
themselves.”

In modern India, particularly in urban regions, Gandharva marriage is re-emerging. One term
for couples choosing their own partners is 'love marriage' in India which usually means a
couple choosing each other of their own accord but in most cases following it up with Hindu
rituals.

AMAN PRASHAR
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However, to that extent 'love marriages' do not fulfil all the criteria of it.

7. RAKSHA MARRIAGE

हत्वा छित्त्वा च भित्त्वा च क्रोशन्तीं रुदतीं गृहात् ।

प्रसह्य कन्याहरणं राक्षसो विधिरुच्यते ॥ ३३ ॥

In simple terms the ‘Rakshasa’ form of marriage may be described as marriage by capture,
resembling the right of a victor to the person of the captive in war. Manu holds, “The seizure
of a maiden by force from her house while she weeps and calls for assistance, after her
kinsmen and friends have been slain in battle or wounded, and their houses broken open, is
the marriage styled Rakshasa.

According to P.V. Kane, this form of marriage is called Rakshasa form of marriage, because
demons (Rakshasa) are known from the legends to have been addicted to cruelty and forceful
methods. t is a reprehensible form of a marriage that is condemned by the Manu smriti, and is
punished by law in society in the present-day.

In Hindu mythology, Krishna elopes with Rukmini and weds her, making her his first and
chief wife.

This form of a marriage is different from answering the marriage proposal of a bride, and
eloping with her during her svayamvara, the ancient Indian ceremony where a bride chooses
her groom from an approved assembly of suitors. For instance, in Hindu mythology, when
the deity Krishna elopes with the princess Rukmini during her svayamvara, it is not a form of
Rakshasa marriage; while he does take her away in his chariot and fights her attacking family
members, she had sought to marry him, and hence consent was present.

Primitive tribes regarded women as prizes of war, part of the plunder in a fair fight. This
form was common in many other ancient civilizations. It appealed to the warrior instinct of
the Kshatriya, and was sometimes practised by them.

AMAN PRASHAR
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Women, thus, caused many fights and battles in ancient times.
There are many stories in Puranas about abducting a girl and getting married. However, it is
not considered good. Bhishma got the princesses of Kashi married to the princes of
Hastinapur in this manner.

8. PAISHACHA MARRIAGE

सुप्तां मत्तां प्रमत्तां वा रहो यत्रोपगच्छति ।

चश्
श्चा चाष्
टमो
ऽधमःशा
स पापिष्ठो विवाहानां पै चचाष्टमोऽधमः ॥ ३४ ॥

Paishacha marriage is the eighth and last type of Hindu marriage. It is considered as the most
inferior type of marriage. In this type, the girl's wish is not considered whether she wants to
marry or not instead she is forced to marry and even the bride's family is not given anything
in cash or kind. She is seized against her wish. And the marriage is done against the wish of
the girl and her family. Men would marry a woman, whom he had seduced while she was
asleep, intoxicated, or insane. This kind of marriage was later prohibited.

This was the worst form of all types of marriages. In this, the bride was abducted, but not in a
fair fight with her tribe. She was molested or stolen, when she and her relatives were asleep,
or in a state of intoxication during a tribal festival. This form is universally condemned. The
inclusion of this form of marriage in Hindu Sutras can only be justified on the ground that it
was so prevalent among the primitive tribes that the Sutras could not have avoided its
inclusion. By recognition of this form, the only advantage was that the children could be
regarded as legitimate.

According to Kautilya, "Of these eight forms of marriage, only the first four (Brahma, Daiva,
Arsha and Prajapatya) are ancestral customs of old and are valid on their being approved by
the father. The rest, for it is that they receive money, the money paid by the bridegroom for
their daughter. In case of absence by death of either the father or the mother, the survivor will
receive the money. If both are dead, the maiden herself shall receive it. Any kind of marriage
is approvable, provided it pleases all those that are concerned with it." And these forms of
marriages are valid, only if they have been approved by the father in a lonely place if a girl is

AMAN PRASHAR
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met while sleeping or she is mad etc., and someone outrages her modesty. It is also not
admitted by learned persons and is not religious.

CONCLUSION

Out the eight forms of Hindu marriage, the first four, i.e., ‘Brahma’, ‘Daiva’, ‘Arsha’
and ‘Prajapatya’ were the approved forms of marriage and the last four, such as,
‘Asura’, ‘Gandharva’, ‘Rakshasa’ and ‘Paisacha’ were unapproved forms of marriage.

In the first four forms of marriage, the dominion of the father is completely
undermined in the ‘Gandharva’, ‘Paisacha’ and ‘Rakshasa’ forms of marriage.
In the present Indian scenario, considering from the socio-legal point of view, three
forms of Hindu marriage appear to be existent.

These are the Brahma, Asura and Gandharva forms of marriage. The higher caste
Hindus solemnize the Brahma form of marriage in the most cultured form. The Asura
form of marriage is commonly practised among the lower castes and the Gandharva
marriage is gaining momentum among the modern youths in the form of love
marriage.

Thus, the above-mentioned forms of marriages are the eight forms of which four are
approved and rest four are unapproved forms. Hope this brief account have been
helpful to know the forms of marriage in brief.

AMAN PRASHAR
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