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Marriage under Hindu law in India

From the very inception, marriage in India has been considered as science of
anthropology. Marriage has always been considered a well-established institution and
the ideal of marriage in India has been considered to be very high. From the very
beginning, the laws in India have considered monogamy as a rule. Polygamy existed as
an exception. The existence of polyandry and matriarchy has been doubted by several
scholars. There are several verses under ancient Hindu law which has declared that
there may be a case of polygamy but not polyandry.
Marriage has been considered sacred by ancient Hindu law. The wife was honored in
her husbands house. After marriage, wife had authority over younger siblings of the
husband. So much so that several Vedic scholars have mentioned that women is half of
husband and complete. In several ancient verses, men have been urged that they
should respect and honor women. It has been mentioned that where women are
honored, Gods are pleased. And where women are not respected, even the sacred
rituals are of no use. So much so that disputes between husband and wife were not
subject matter of litigation. They were not heard in any customary tribunals or even
kings court.
As to castes, in the earlier times different castes could marry with each other.
However, with the passage of time, into caste marriage was started to have certain
disabilities. Punjab and Haryana High Court at Chandigarh has held that when the court
speaks of caste, it does not mean to refer any particular caste but to the multiplicity of
castes and sub-castes in India. This case was contested by Simranjeet Law Associates,
lawyers in Chandigarh. Under ancient Hindu law, it has been held by High Court
Chandigarh, ceremonial practices of a particular caste are not necessary for binding
As to remarriage, remarriage of widows was allowed in the ancient Hindu law.
Generally, a brother was married to the widow of the other brother. If there was no

brother, the video is married to some other kinsmen in order to produce children. And
a widow was also allowed to remarry to any other person other than the relatives of
her husband. The marriage of this sort has also been recognized by Punjab and
Haryana High Court at Chandigarh and there are several cases in Chandigarh, Punjab
and Haryana in which the courts even protect such marriages from the relatives who
do not give consent to perform these marriages.