Ceremonies- Section 7

Institution or the formation of a Hindu marriage can be found under Hindu

Marriage Act, 1955 which clearly lays down certain conditions prerequisite for
the formation of a marriage, or the conditions necessary for a marriage to
become valid in the eyes of law !ection " of Hindu Marriage Act, 1955
provides certain ceremonies to be performed under the heading #$eremonies for
a Hindu Marriage% It is important to &now the conditions, under which Hindu
marriage can be termed as a valid marriage, or legal authentication
!o far as old Hindu 'aw is concerned, Manusmriti, or the 'aws of Manu,
describes eight &inds of marriage(
)rahmana *)rahma+ , where the father of the bride invites a man
learned in the -edas and is of good conduct, and gives his daughter
in marriage to him after dec&ing her with .ewels and costly
garments
/ods *0aiva+ , where the daughter is groomed with ornaments
and given to a priest, who duly officiates at a ritual of sacrifice
during the course of the performance of this rite
1ishis *Arsha+ , when the father gives away his daughter after
receiving a cow and a bull from the bridegroom
2ra.apati 3 *2ra.apatya+ , where the father gives away his
daughter after blessing the couple with the te4t 5May both of you
perform together your duties
Asuras, when the bridegroom receives the bride after bestowing
wealth to her &insmen and to the bride herself according to his own
will
/andharva , the voluntary union of a maiden and her lover,
which arises from desire and se4ual intercourse for its purpose
1a&shasa , when the bride is forcibly ta&en from her home and
from her family
2aisacha , when a man forces himself on a girl who is sleeping or
into4icated or is mentally unbalanced or handicapped
)ut the present law in the form of !ection " of the Hindu Marriage Act provides
that a Hindu marriage may be solemni6ed in accordance with the customary
rites and ceremonies of either party *and specifies that where such rites and
ceremonies include the saptapadi *that is, the ta&ing of seven steps by the
bridegroom and the bride .ointly before the sacred fire+, the marriage becomes
complete and binding when the seventh step is ta&en+ !o the marriage may be
solemnised as per the customs of the community 7or instance, a community
may provide for a mere e4change of garlands, while another may require a more
elaborate ya.na ritual 8he Act ta&es into account these differences
8he Act is very clear on one point, however As per !ection 5, any two Hindus
can perform a valid marriage !o, it is clear that the enactment lays down no bar
on inter3caste marriage As long as the two parties are Hindus, they can marry
each other
If a Hindu resident in India wants to marry someone who is not of the same
religion, they will have to get married under the !pecial Marriage Act9
195:8heir marriage will not be valid if conducted under the HM Act
LIVE IN RELATIONSHIP
'ive in relationship is a new concept in India 8hough the ;unmarried couple<
status e4isted, it was not popular and the term ;'ive in relationship< was not
given to it =ith changing times and attitude of the people these relations have
come to the main stream of the society In the case of live3in3relationship one
fact is very clear that the partners in the relationship are not married to each
other but they are only cohabiting with each other
Advantages of Live- in Relationsi!
8he advantages of a live in relationship are as follows(
7reedom, convenience, and no restrictions or no commitment on each
other, based on concept of protecting individuality ,western concept of
individualism, no domination on each other, non interference in their
personal activities and career
>asy to enter into relationship, without any formalities or unli&e
customary rites li&e !pathapadi or ?anyadan or Mangalsutra /rahan, no
dowry or .ewellery for traditional marriage
@o need to spend huge money on engagement and marriage ceremony
>asy to enter another relationship, unli&e in normal marriages, couple has
to face arduous and protracted litigation to get divorce and wait for
notice, then re3marry
"isadvantages of Live- in Relationsi!#
8he disadvantages of a live in relationship are as follows(
7aces social problems
@o support from familyA bound to get isolated in social circles
$hildren born out of live3in relationship faces problems
Insecurity A8hreat of brea&ing, bound to haunt couples
8ussle between legal wife A her children and live 3in spouse Aher
children born out of live 3relationship, disputes of inheritance of property
and money may end up in courts More scope for legal problems due to
non3 acceptance of live 3in relationship by e4isting legally wedded wife,
especially in bigamous relationship
Live In Relationsi! and $%dicial Trend
As early as 19B" in 0inohamy v =' )lahamy
1
the 2rivy $ouncil, laid
down that where a man and a woman are proved to have lived together as
a man and wife, the law will presume, unless the contrary be clearly
proved, that they were living together in consequence of a valid marriage
and not in a state of concubinage
2
8he !upreme $ourt recognised a live3
in relationship as a valid marriage, accusing the authorities of questioning
a relationship 5C years after the couple had begun living together, and
were treated as a married couple even by their relatives
3

8he !upreme $ourt ruled out that #a lady of about B1 years of age being a
ma.or has the right to live with a man even without getting married, if
1
*19BD+ 1 M'E FDD *2$+
2
8he 2rivy $ouncil made significant additions to the 19B" ruling in 19B9
in Mohabhat Ali -s Mohammad Ibrahim ?han It said( #8he law presumes in
favour of marriage and against concubinage when a man and woman have
cohabited continuously for a number of years% 7or a live3in couple to be
considered validly married, the court wanted evidence of cohabitation for a
number of years, without specifying the minimum number of years
3
)adri 2rasad v 0y 0irector of $onsolidation AI1 *19"D+ !$ 155"
both so wish% 8he !upreme $ourt observed that a man and woman, if
involved in a live3in relationship for a long period, they will be treated as
a married couple and their child would be considered as legitimate
4

8he !upreme $ourt observed that it is not necessary for a woman to
strictly establish the marriage, to claim maintenance under section 1B5 of
$ode of $riminal 2rocedure
5
A woman in a live3in relationship may
also claim maintenance under section 1B5 of $ode of $riminal 2rocedure
In $hanmuniya vs -irendra ?umar !ingh ?ushwaha
6
, the Hon<ble
!upreme $ourt observed that the courts should enforce e4press contracts
between non3marital partners e4cept to the e4tent that the contract is
e4plicitly founded on the consideration of meretricious se4ual services
In the absence of e4press contracts, the courts should inquire into the
conduct of the parties to determine whether that conduct demonstrates an
implied contract, agreement of partnership or .oint venture, or some
other tacit understanding between the parties
In -elusamy -s 0 2atchaiammal
7
, the Hon<ble !upreme $ourt
observed that a woman in a live3in relationship is not entitled to
maintenance unless she fulfils certain parameters, the !upreme court had
observed that merely spending wee&ends together or a one night would
not ma&e it a domestic relationship 8he !upreme $ourt said that in order
to get maintenance, a woman, even if not married, has to fulfil the
following four requirements(
8he couple must hold themselves out to society as being a&in to spouses
8hey must be of legal age to marry
8hey must be otherwise qualified to enter into a legal marriage
8hey must be voluntarily cohabited and held themselves out to the world
as being a&in to spouses for a significant period of time
8he !upreme $ourt observed, in our opinion not all 'ive3in relationships
will amount to a relationship in the nature of marriage to get the benefit
4
2ayal ?atara v !uperintendent @ari @i&etan ?andri -ihar Agra and others
BCC1 *F+ A=$ 1""D
5
Abhi.it )hi&aseth Auti v !tate Gf Maharashtra and Gthers
6
*BC11+ 1 !$$ 1:1
7
*BC1C+ 1C !$$ :H9
of the 2rotection of =omen from 0omestic -iolence Act, BCC5 8o get
such benefit the conditions mentioned above must be satisfied, and this
has to be proved by evidence If a man has a ;&eep< whom he maintains
financially and uses mainly for se4ual purpose andIor as a servant it
would not, in our opinion, be a relationship in the nature of marriage
It is s%ggested to go tro%g class notes also&