Types Of Marriage In India

In India, marriage is a multifaceted institution linked to cultural traditions, religious doctrines, and legal frameworks. Therefore, the meaning of marriage extends beyond the union of two people to the union of respective families and communities. Hence, any person dealing with marriage as a personal or legal matter must familiarise themselves with the different types of marriage and their respective governing legal provisions.

Through this blog, we will explore:

• The various types of marriages in India,
• The legal provisions governing marriage,
• Classification of marriages-in legal, religious, and customary terms, and
• The increasing acceptance of live-in relationships.

Marriage Laws In India

Indian marriages are governed by personal and secular laws. These laws define what constitutes a valid marriage, the rights enjoyed by the spouses, the procedures for divorce, and prescribe the provisions regarding the consequences of marriage dissolution. The major marriage statutes in India are:

Hindu Marriage Act, 1955

The Hindu Marriage Act, of 1955, regulates the performance of marriages among Hindus, which includes Buddhists, Jains, and Sikhs. It establishes clear guidelines for a valid Hindu marriage:

Conditions For A Valid Marriage

• The bride should have attained the age of 18 and the groom the age of 21.
• Both must be of sound mind and capable of giving valid consent.
• At the time of marriage, neither of the spouses shall have any other spouse living (monogamy).
• Marriage must be performed under Hindu rites and customs.

Provisions For Divorce:

• The Act lays down provisions for divorce on the grounds of cruelty, adultery, desertion, conversion, and mental illness.
• The aspect of judicial separation and restitution of conjugal rights is also included.

Special Marriage Act, 1954

In India, the Special Marriage Act, of 1954, is the statute under which civil marriages are performed. It is particularly significant for:

Inter-religious And Inter-caste Marriages

The Act allows marriage between people of different religions or castes without conversion to a common religion.

Registration And Public Notice:

A notice period of thirty days is to be given for public objection before completing the registration of marriage. This clause has been criticized as it sometimes exposes couples to societal pressure or harassment.

Divorce Provisions

Similar to the Hindu Marriage Act, this Act also allows divorce on several grounds including; cruelty, desertion, and adultery.

Muslim Personal Law (Shariat) Application Act, 1937

In Islam, marriage (Nikah) is considered a contract with mutual consent between the bride and groom. The groom must pay Mehr (a dower) to the bride as part of the marriage contract.

Muslim law permits polygamy, allowing a man to have up to four wives, provided he treats them equally. The dissolution of marriage is recognized through divorce mechanisms such as Talaq, Khula (divorce initiated by the wife), and Mubarat (mutual divorce).

Also Read : Difference Between Khula And Talaq

The Indian Christian Marriage Act, 1872

The Indian Christian Marriage Act, of 1872 governs Christian marriages in India. Where marriages must be solemnized by a priest, minister, or licensed marriage registrar and registration is mandatory and must be completed within 60 days of the ceremony.

Parsi Marriage And Divorce Act, 1936

The Parsi Marriage and Divorce Act, of 1936 deals with marriages among Parsis in India and guarantees their recognition and sanction under the law. The Act mandates monogamy and forbids polygamy. For a marriage to be valid, it must be performed in the presence of an ordained Parsi priest. The Act provides legal grounds for divorce, including adultery, desertion, cruelty, and other specified conditions.

Types Of Marriage In Hinduism

In the past, the institution of marriage was considered sacred and dedicated to religion and society in ancient Hindu ways. According to the scriptures, marriage had eight distinct types in ancient times, based on the practices and moral values they made within a particular environment. Some were held in high regard, while others were discouraged due to their unethical or coercive nature.

According to the development in society and then in law, modern Hindu law recognizes only those marriages based on mutual consent and equality. Thus, these eight forms of marriage can be more commonly classified into:

• Approved Forms of Marriage: Considered righteous and socially accepted: Brahma, Daiva, Arsha, and Prajapatya Vivaha.
• Unapproved Forms of Marriage: Viewed as unethical, coercive, or undesirable: Asura, Gandharva, Rakshasa, and Paishacha Vivaha.

Approved Forms Of Marriage

These four forms of marriage were considered honourable and aligned with religious and moral values. They emphasized duty, companionship, and righteousness.

Brahma Vivaha (The Ideal Marriage)

Brahma Vivaha is regarded as the most sacred and ideal form of Hindu marriage. In this form of marriage, the father gives away his daughter to a virtuous, literate, and high moral character, the groom without expecting any dowry or material exchange.

The emphasis here is on dharma (righteousness), knowledge, and family values. This practice closely resembles modern arranged marriages, as family approval and the groom's virtues form the essence of it.

Daiva Vivaha (The Religious Offering Marriage)

In Daiva Vivaha, the bride is given to a priest (Brahmin) during a yajna (sacrificial ritual) as an offering to the divine. This form was followed when a suitable groom was not found, and the family saw it as fulfilling a religious duty. However, it was considered inferior to Brahma Vivaha since the bride’s marriage was determined by circumstances rather than personal choice.

Arsha Vivaha (The Simple Marriage)

Arsha Vivaha symbolizes an intimate yet very practical union, A token gift, traditionally cattle, or other essentials are given by the groom to the bride's family, signifying respect. Unlike Asura Vivaha (in which the bride is "purchased"), here, the exchange is a little symbolic, focusing on appreciation and not a transaction. This form manifests simplicity, gratitude, and the acceptance of a modest lifestyle.

Prajapatya Vivaha (The Duty-Oriented Marriage)

Prajapatya Vivaha focuses on companionship and shared responsibilities rather than religious rituals or material wealth. The father of the bride offers his daughter to the groom with the instruction to live a life dedicated to family, social responsibilities, and righteousness. This form is very close to modern arranged marriages, which find mutual respect, family approval, and shared duties in these marriages.

Unapproved Forms Of Marriage

The following four forms of marriage were either coercive, transactional or morally questioned forms of marriage and condemned in Hindu texts. Such marriages did not adhere to concepts of dharma or social harmony.

Gandharva Vivaha (The Love Marriage)

Gandharva Vivaha is the closest to what is called a love marriage in the present scenario. Here the man and woman choose each other on mutual attraction and love for each other with no regard to formal approval or elaborate rituals related to marriage. Such marriages were ideal according to ancient texts, although generally disapproved as they were done impulsively and without the guidance of elders.

Asura Vivaha (The Transactional Marriage)

Asura Vivaha involved the groom offering wealth, gifts, or material compensation to the bride’s family in exchange for marriage. In contrast to Arsha Vivaha, where a symbolic gift was given, this marriage was highly transactional, resembling the purchase of the bride. Hindu scriptures condemn this procedure because it commercializes marriage and diminishes women's dignity by treating them as property rather than as partners.

Rakshasa Vivaha (The Forced Marriage)

Rakshasa Vivaha was a violent and coercive form of marriage, where the groom abducted the bride against her and her family’s will. Traditionally, this practice was historically associated with warriors (Kshatriyas) who captured women during battles. While such unions were acknowledged in ancient times, they were not considered righteous. Today, any form of forced marriage is illegal under Indian law.

Paishacha Vivaha (The Heinous Marriage)

Paishacha Vivaha is the most condemned and immoral form of marriage, which consists of the act of seducing or sexual assault by a man on a woman who is unconscious, intoxicated, or mentally incapacitated. This is according to Hindu dharma, which strictly prohibits this practice, and conceivable such was never accepted as a legitimate marriage. Under modern laws, acts of this sort would constitute sexual assault and would be classified as a punishable offence under Indian legal statutes.

Types Of Marriage In India Based On Customs And Traditions

India's extensive cultural diversity has given rise to different ways of marriage, shaped by tradition, social norms, and evolving modern values. Family interventions and social acceptance are much stronger in honouring some marriages, while others emphasize personal choice and love.

Arranged Marriage

In India, arranged marriages still retain their greatness today. In this system, families take the initiative in finding a suitable match for the child, considering factors like caste, religion, social status, economic status, horoscope compatibility, etc. The belief behind this practice is the belief that marriage is not merely a contract between two individuals, but rather an alliance between two families. While modifications in the process of arranged marriages do allow potential partners to meet and express a choice, family intervention in the marriage arrangement is still critical.

Love Marriage

In love marriages individuals choose their partners based on mutual affection and compatibility. Unlike arranged marriages, these unions are driven by personal choice rather than parental influence. Despite societal shifts, love marriages still face resistance in some conservative communities, particularly when they cross boundaries of caste, religion, or economic background. However, changing social attitudes and legal protections have helped normalize love marriages across many parts of India.

Inter-caste Marriage

Inter-caste marriages, where individuals marry outside their traditional caste marry the other individual, have been a subject of controversy in Indian society. Though inter-caste marriages are legally recognized under the Special Marriage Act, of 1954, these unions often face societal resistance, family opposition, and, in extreme cases, even violence.

However, the government actively encourages inter-caste marriages through financial incentives, legal protection, and financial incentives, such as the Dr Ambedkar Scheme for Social Integration through Inter-Caste Marriages.

Inter-religious Marriage

Inter-religious marriages are where partners belonging to different religious backgrounds marry each other. In India, such marriages are recognised under the Special Marriage Act, of 1954, which gives the option to marry without the necessity of conversion. While the law may have an unprejudiced attitude concerning inter-religious marriages, societal and familial pressures seem to stigmatise such unions, especially in conservative areas. Religious conversion for marriage remains a contentious issue, with legal scrutiny on matters of forced conversion and personal law conflicts. However, greater awareness and legal protections have made inter-religious marriages more common, especially in metropolitan cities.

Live-in Relationship And Presumption Of Marriage

Live-in relationships, once considered taboo in Indian society, have gained acceptance nowadays, especially in urban areas. There is neither a specific law governing live-in relationships nor the existence of any rule to compel them by those living in a relationship.

However, the Indian courts have recognized long-term cohabitation as a "presumption of marriage" when related to inheritance, maintenance or domestic violence. The Protection of Women from Domestic Violence Act, of 2005, also gives certain benefits to women staying in live-in relationships, providing some legal remedies from abusive relationships and to provide relief from abandonment.

Forms Of Marriage Based On Numbers

In India, marriage is typically monogamous; but historical and cultural variations have led to the establishment of communities practicing polygamous and polyandrous unions. Modern laws govern the institution of marriage, but traditional practices still influence personal and social behaviour.

Monogamy

Monogamy is characterized by being married to one spouse only. Monogamy is legally permitted for most communities in India. As per the Hindu Marriage Act of 1955, Indian Christian Marriage Act of 1872, and Parsi Marriage and Divorce Act of 1936, a person can remarry only after the death of the spouse or after obtaining a legal divorce. Monogamy is largely regarded as the social and legal norm and has secured stability and equality in the relationship.

Polygamy

Polygamy, where a person has multiple spouses, is prohibited for most religious communities in India, with the exception of Muslim personal law, which permits a Muslim man to marry more than one wife. In practice, polygamy is rare and often subject to the consideration of religion, economic circumstances, or personal opinion surrounding the interactions between all these factors. Polygamy has traditionally been illegal among Hindus, Christians, and Parsis, and marrying more than one person at once is called bigamy, an offence punishable under Section 494 of the Indian Penal Code (IPC) now replaced by Section 82 under the Bharatiya Nyaya Sanhita, 2023.

Polyandry

Polyandry in India is defined as the marriage of one woman with multiple husbands. It has existed in some tribal and distant Himalayan areas, including the Toda and Kinnaura tribes. Historically, this practice was labelled fraternal polyandry, where brothers had one wife to keep the family property. While polyandry has faded with time, it remains an anthropological and cultural curiosity, highlighting India’s diverse martial traditions.

Conclusion

Marriage in India is a ceremony deeply rooted in culture, religion, and legal frameworks. It has evolved, but the traditional beliefs are held dear. From arranged and love marriages to inter-caste and inter-religious unions, the institution of marriage reflects India's diversity and societal complexities. The Hindu Marriage Act, the Special Marriage Act, and personal laws govern all marriages and confer rights and duties vested upon the spouses.

While monogamy is the legally accepted norm, historical practices of polygamy and polyandry have existed in various communities. Moreover, the acceptance of live-in relationships is creating a whole new front to challenges posed to conventional marriage, with courts recognizing rights for long-term partners.

Thus, anyone entering marriage must clearly understand its legal, cultural, and social facets. An experienced lawyer could share insights or assist with marriage laws, rights, and legal procedures.

FAQs

Q1. Can a Hindu marry more than one spouse?

No, under the Hindu Marriage Act of 1955, polygamy is illegal for Hindus. Marrying more than one person at a time is considered bigamy, which is a punishable offence under Indian law. However, Polygamous marriages are permitted in Muslim Personal Law for a man who wishes to marry up to four wives.

Q2. How can couples register their marriage in India?

Couples may register their marriage under either the Hindu Marriage Act, 1955, or the Special Marriage Act, 1954 (for interfaith or civil marriages).

Required documents are:

• Age proof,
• Address proof,
• Wedding photos
• Witnesses, and
• Register with the marriage registrar's office.

Q3. Can a woman claim maintenance in a marriage or after divorce?

Yes, according to Section 125 CrPC now replaced by Section 144 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), a wife (including those from live-in relationships in certain cases) can ask for maintenance from her husband during marriage or after divorce. Specific laws, such as the Hindu Adoption and Maintenance Act, 1956 may also provide maintenance rights to women.

Q4. Is court marriage different from traditional marriage in India?

Yes, court marriage is a legal procedure under the Special Marriage Act, of 1954, where a couple marries without religious rituals. It requires filing a notice, a 30-day waiting period, and registration before a marriage officer. Traditional marriages, on the other hand, are conducted as per religious customs and may require additional registration for legal recognition.

Q5. Can a person remarry without divorce in India?

Remarriage without a legal divorce is termed bigamy and is treated as an offence under Section 494 of the IPC (now Section 82 of the Bharatiya Nyaya Sanhita, 2023). Punishment may include imprisonment and a fine.

Q6. What is a prenuptial agreement? Is it valid in India

A prenuptial agreement is a document formed by two parties or spouses in order to establish an agreement on rights to property and finances in case there is a separation between the parties. Such agreements have not found an explicit legal recognition under the personal laws of India, but may be enforceable in courts under the Indian Contract Act, of 1872, if they are fair and not against public policy.

Q7. Are there any tax benefits for married couples in India?

There are no direct tax benefits for married couples, but they can jointly enjoy deductions under income tax laws, such as in the case of joint home loans and tax-free gifts between them that are allowed under Section 56(2) of the Income Tax Act, of 1961.