22/01/2020

Forms of marriage –
1. Brahma rite – Daughter is gifted to a bridegroom, having knowledge of the Vedas, by the
father of the bride.
2. Daiva rite – Daughter is gifted as a bride to the sage, who conducts the yagya or sacrifice,
by the father of the bride.
3. Arsha rite – Groom gives presents (nominal amount) like a pair of cows or bulls, etc. to
the bride’s father. (Nominal bride price)
4. Praja patya rite – Bride and groom have an obligation to perform duties together.
5. Asura rite – Bridegroom, according to his capacity is paying off the bride price to the
father of the bride or to the kinsmen of the bride. Either wealth or presents are provided.
6. Gandharva rite – Love marriage. Search for the bridegroom is not initiated by the father
of the bride. Consent of both bridegroom and bride is there. If the father of the bride
cannot find a bridegroom within 3 years of the bride attaining the age of marriage, then it
can be done. Can be done before 3 years as well.
7. Rakshasa rite – The bridegroom kidnaps/abducts the bride. At the time of abduction, the
bride is crying, weeping etc. and the bride’s family is hurt or wounded etc.
8. Paisacha rite – Bridegroom seduces the bride and while the bride is unconscious, the
bridegroom has sexual intercourse with her.

28/01/2020
Legitimacy of children and succession.
Several beneficial schemes for the employee and THEIR FAMILY.
For example, CGHS, job on grounds of compassion in case of death of employee.
Not granted to live-in partners or illegitimate children.
New family patterns –
1. Nuclear family – Husband, wife, children.
2. Joint family – Married partners live with their children and parents.
3. Hindu Join Family System – Entitled to tax benefits.
4. Composite family – Independent families pool in their resources and come together as a
family for economic reasons.
5. Single-parent family – Children has only one parent, via surrogacy or adoption.
6. Pretending family – Not otherwise permitted directly. For example, a homosexual union
adopting children.
7. Live-in relationship – Acknowledged but not recognized.
Solemnization of marriage –
1. To Hindus
 2. Heterosexual
3. Solemnization

Section 5, HMA –
“May” – May decide to marry or not marry. Law cannot force anyone to get married.
3 categories –
1. Shashtrik marriages (Section 7) – 8 forms of marriages
4 approved (1-4) and 4 unapproved (5-8)
Forms of marriage –
1. Brahma rite – Daughter is gifted to a bridegroom, having knowledge of the Vedas, by the
father of the bride.
2. Daiva rite – Daughter is gifted as a bride to the sage, who conducts the yagya or sacrifice,
by the father of the bride.
3. Arsha rite – Groom gives presents (nominal amount) like a pair of cows or bulls, etc. to
the bride’s father. (Nominal bride price)
4. Praja patya rite – Bride and groom have an obligation to perform duties together.
5. Asura rite – Bridegroom, according to his capacity is paying off the bride price to the
father of the bride or to the kinsmen of the bride. Either wealth or presents are provided.
6. Gandharva rite – Love marriage. Search for the bridegroom is not initiated by the father
of the bride. Consent of both bridegroom and bride is there. If the father of the bride
cannot find a bridegroom within 3 years of the bride attaining the age of marriage, then it
can be done. Can be done before 3 years as well.
7. Rakshasa rite – The bridegroom kidnaps/abducts the bride. At the time of abduction, the
bride is crying, weeping etc. and the bride’s family is hurt or wounded etc.
8. Paisacha rite – Bridegroom seduces the bride and while the bride is unconscious, the
bridegroom has sexual intercourse with her.
Except Rakashasa and Paisacha, all are still valid. Rakshasa and Paisacha are voidable marriages.
Important ceremonies –
1. Kanyadaan
2. Pani-grahan
3. Vivahahome
4. Saptapadi
Vivahahome and saptpadi is compulsory for ___________.
 2. Customary marriages (Section 7) –
Anand Marriage Act, 1909 – Marriages performed in accordance with the Sikh rties and rituals
are perfectly valid
Arya Marriage Validation Act, 1937 – Marriages performed in accordance by Arya Samaj are
perfectly valid.
Section 7(a) in the HMA, 1967 – Valid in Tamil Nadu and Pondicherry – Self-respecting group
case – Got an amendment passed in their favour. Any Hindu from anywhere in the world can go
there and get married.
Two witnesses who can understand the language and rings, mangalsutra etc. exchanged, then the
marriage is valid.
3. Statutory marriages
Prevention of Child Marriage Act, 2006
Section 5(3) read with PCMA
Marriage under Muslim law is a contract. It is called ‘nikah’.

Nikah –
1. Clear offer indication intention of getting married (Ijab)
2. Should be accepted by the other party (Qubul)
Ijab-o-qubul
Offer and acceptance should be in the same sitting. Parties need not be physically present. Under
Sunni law, the parties need to be present but under Shia law, the presence of the parties is not
necessary.
Under Sunni law, 2 male witnesses or 1 male and 2 female witnesses. Under Shia law, witnesses
are not necessary.
3. Amount of consideration (Mehr) – Paid by the bridegroom to the bride at the time of
marriage; Marked as a token of respect from the bridegroom to the bride.
2 types of mehr –
a. Specified – The amount is specified at the time of marriage;
b. Unspecified – The amount is not specified at the time of marriage.

Mehr and maintenance are two different concepts.

No specific ceremony or religious guideline has to be followed to solemnize the marriage. No

fixed format.

15/02/2020
Live-in relationship –
Badri Prasa case
Indra Sharma case