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The Hindu Marriage

Marriage is more than four bare legs in a bed. - Hoshang N. Akhtar

What is a proper or valid Hindu Marriage

The term "Hindu" in post-independence Hindu law governing marriage, divorce, adoption, maintenance, guardianship and succession, describes not only persons who are Hindu by religion, but also those who are Sikh, Buddhist, and Jain. Roughly speaking, the term "Hindu" encompasses those Indians who are not Christian, Parsi, Muslim, or Jewish for the purposes of the law. According to the law, it is a valid Hindu marriage, if the ceremony includes the satpadi, the ritual of circling the sacred fire seven times, the ceremony becomes complete and the marriage binding when the seventh round is completed.

Context of marriage in Hinduism

In Hinduism, marriage is not a custom or contract of partnership just between two individuals as in the Western culture. There is a belief among the Hindus that the marriage relationship extends beyond one life. Two souls come together and get married because their Karmas are intertwined and they have to resolve many things together on earth in order to ensure their mutual salvation. More than that, it is a union of two families with each and every member of the extended family on both sides related to the boy and girl is responsible for their action and their future lives. The extended family referred here consists of paternal grandparents, sons, daughters-in-law, unmarried daughters and future generations on both sides.

Purpose of marriage in Hinduism

The purposes of marriage in Hinduism are as follows (1) First and foremost is the purpose of merging of the girl into the husband’s family, which may include grandparents, great-grandparents, unmarried sisters, brothers, uncles and aunts. (2) Procreation and (3) to perform the duty, jointly as husband and wife, as the educators of the future generation. They share this responsibility with the grand parents, uncles, aunts and other relatives living in the same house.

Rights accorded to woman in marriage

The Hindu Marriage tradition recognizes the importance of a woman in the family. She is expected to share the responsibilities of the household like a goddess (Grihalakshmi) and enjoy the love and care of her husband and children. She is given equal importance in all rituals and celebrations in the family and is considered to be the equal half of her spouse.

Duties of Woman in marriage

The first and foremost duty of the woman is to serve the people of her husband’s extended family. Her next responsibility is to the children and future generations. In other words, she is responsible for the proper care, nurturing, respect, affection, education and continuity of cultural heritage of the family for the future generations. She has the responsibility to bear and nurture children according to the wishes and expectations of the entire family.

Maintenance under Hindu Law

Maintenance is a right to get necessities, which are reasonable from another. It has been held in various cases that maintenance includes food, clothes and residence, but also the things necessary for the comfort and status in which the person entitled is reasonably expected to live. Right to maintenance is not a transferable right. However, the right of a married woman to reside separately and claim maintenance, even if she is not seeking divorce or any other major matrimonial relief has been recognized in Hindu law alone. A Hindu wife is entitled to reside separately from her husband without forfeiting her right of maintenance under the Hindu Adoptions and Maintenance Act, 1956.

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