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From the dawn of the Vedic civilization to the present time, marriage is one of the most important social institutions. A clear and distinct sign of this institution of marriage is to be found even in the 厂奴谤测腻蝉奴办迟补 of the 峁欢惫别诲补^[1] , which is considered the earliest of all the Vedas. It has been established as one of the necessary 蝉补峁僺办腻谤补蝉 for all Hindus, except those who vow for a lifelong celibacy or 蝉补苍苍测腻蝉墨. The 厂尘峁泃颈蝉, in general, lays down the various aspects of marriage with great details. Here, it is to be noted that the section on marriage is incorporated by the author of the 驰腻箩帽补惫补濒办测补蝉尘峁泃颈 in the 膧肠腻谤腻诲丑测腻测补, which deals with ritual, but not in the 痴测补惫补丑腻谤腻诲丑测腻测补. Therefore, the study of the 痴测补惫补丑腻谤腻诲丑测腻测补 does not provide direct information concerning the rules of marriage, prevalent at that time. However, it suggests the forms of marriage prevalent in the society. While declaring the heir of the property of a childless woman, the author enumerates that if the woman is married according to any of the four forms of the marriage such as, the 叠谤腻丑尘补, etc., then the property goes to her husband and in other forms of marriage it belongs to her parents.^[2]

The 惭颈迟腻办峁�a谤腻 commenting on it, clarifies the names of the first four types of marriage as:

1. 叠谤腻丑尘补,
2. Daiva,
3. 膧谤峁�a and
4. 笔谤腻箩腻辫补迟测补.

The other forms of marriage are those denominated to be the:

1. 膧蝉耻谤补,
2. 骋腻苍诲丑补谤惫补,
3. 搁腻办峁�a蝉补 and
4. 笔补颈艣腻肠补.^[3]

Thus, the eight forms of marriage are referred. The legal criterion to determine the merit of first four forms of marriage with reference to remaining four types of marriage are found therein. It appears that the first four forms of marriage are considered good or approved, for which reason, the husband is entitled to inherit, whereas, the other four forms of marriage are supposed to be not desirable, i.e. unapproved and so, the right of the husband to inherit is denied, rather it reverts to her parents as if no marriage has taken place. Therefore, all the eight forms of marriage seem to have existed during the time of the 驰腻箩帽补惫补濒办测补蝉尘峁泃颈. In the 狈腻谤补诲补蝉尘峁泃颈, these eight forms of marriage are expressly classified into two groups viz., approved and unapproved. The first four beginning with 叠谤腻丑尘补 form are declared to be approved or lawful.^[4]

The nature of these eight forms of marriage may clear the basis for which these are categorised so.

(1) The 叠谤腻丑尘补 marriage:

驰腻箩帽补惫补濒办测补 explains the 叠谤腻丑尘补 marriage to be that where the bridegroom being invited, the bride adorned according to the capacity of the giver is given away.⁵⁸

(2) The Daiva marriage:

That is known as Daiva marriage in which a maiden is given to the 峁泃惫颈箩, i.e. the priest in course of officiating at a sacrifice.

(3) The 膧谤峁�a marriage:

If a bride is given after taking a pair of cows is called an 膧谤峁�a marriage.^[5]

(4) The 笔谤腻箩腻辫补迟测补 marriage:

碍腻测补 otherwise called 笔谤腻箩腻辫补迟测补 is constituted where the daughter is given to a soliciting bridegroom by saying that may both of them perform together their duties.^[6]

(5) The 膧蝉耻谤补 marriage:

In the 膧蝉耻谤补 form of marriage, the bride is given away by taking wealth or money.

(6) The 骋腻苍诲丑补谤惫补 marriage:

骋腻苍诲丑补谤惫补 marriage takes place through mutual love of the parties.

(7) The 搁腻办峁�a蝉补 marriage:

搁腻办峁�a蝉补 marriage is that form of marriage, in which the bride is taken away forcibly by waging war.^[7]

(8) The 笔补颈艣腻肠补 marriage:

When the bride is taken away by practising fraud or deceit upon the girl, it is called 笔补颈艣腻肠补 marriage.

It may be noticed that in case of the first four forms of marriage, dominion of the parents over the daughter is recognized and the marriage is founded on a formal transfer of dominion by way of gift of the daughter to the husband. In case of other forms of marriage, absence of recognition or transfer of parental authority, in the first instance, may be marked. According to these forms, the union does not appear to be considered perfect, as it is associated with antisocial means such as wealth, muscle, strength or deceit. Therefore, in the matter of succession to women鈥檚 property as laid down by 驰腻箩帽补惫补濒办测补, the principal difference between the approved and unapproved marriage is established. J.D. Mayne holds the reason that originally in case of approved marriage, a bride passes into her husband鈥檚 gotra and she does not pass in unapproved marriage.^[8] B.K. Swain finds out the practical reason that, in this way, the lawmakers and the society try to care to a certain extant the mental agony of the parents received from the double pain of the irreligious marriage and the untimely death of the daughter.^[9]

Another important aspect, revealed by 驰腻箩帽补惫补濒办测补, is that the promise to give away daughter in marriage with one man is enforceable by law. It renders to a contract of the verbal acceptance to the bridegroom by the father of the daughter. If the father breaks his promise to give away his daughter without sufficient cause, he becomes liable to be punished. Moreover, the father or the affiancer is found under obligation to repay with interest whatever, has been expended by the intended bridegroom on account of the espousal. If the maiden promised to be given in marriage, dies, the bridegroom shall be entitled to take back what has been given by him after deducting the expenses on both sides.^[10] Thus, the agreement of marriage between the father of the daughter and intended bridegroom is given legal status, and treated as binding promise that cannot be revoked except some unavoidable circumstances. This provision of 驰腻箩帽补惫补濒办测补 suggest that some of the parents of bride, appear to have exercised deceptive means to defraud the bridegroom.

Footnotes and references:

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[1]:

峁欢惫别诲补, 10.85

[2]:

aprajastr墨dhana峁� bhaturbr膩hm膩di峁�u atur峁�vapi/ duhit峁涐箛膩峁� prs奴t膩 cecche峁�e峁�u pit峁沢膩mi tat// 驰腻箩帽补惫补濒办测补蝉尘峁泃颈, 2.145

[3]:

鈥� p奴rvokt膩y膩岣� br膩hmadaiv膩r峁�apr膩j膩patye峁�u catur峁�u viv膩he峁�u鈥�/艣e峁�ev膩surag膩ndharvar膩k峁�asapai艣膩ce峁�u viv膩he峁�u 鈥�/ 惭颈迟腻办峁�a谤腻, Ibid.

[4]:

e峁Ｄ佱箖 tu dharmya艣catv膩ro br膩hm膩dya岣� 蝉腻诲丑腻谤补峁嘺岣�/ 蝉测腻诲 gandharvasrayo鈥檇harmy膩stata岣� pare// 狈腻谤补诲补蝉尘峁泃颈, 4.12.44⁵⁸ 产谤腻丑尘辞 惫颈惫腻丑补 膩h奴ya d墨yate 艣aktyala峁僰峁泃膩/ 驰腻箩帽补惫补濒办测补蝉尘峁泃颈, 1.58

[5]:

yaj帽astha峁泃惫颈箩e daiva 膩d膩y膩r峁�astu godvayam/ Ibid., 1.59

[6]:

ityuktv膩 carata峁� dharma saha y膩 d墨yate鈥檙thine/ Ibid., 1.60

[7]:

膩suro dravi峁嚹乨膩n膩dg膩ndharva岣� samay膩nmitha岣�/ r膩k峁�aso yuddhahara峁嚹乼pai艣膩ca岣� kanyak膩chal膩t// Ibid., 1.61

[8]:

Mayne, J.D., A Treatise on Hindu Law and Usage, page116

[9]:

Swain, B. K., The Voice of Verdict-A Study on Vyavah膩radharma in 顿丑补谤尘补艣腻蝉迟谤补, page350

[10]:

诲补迟迟惫腻 办补苍测腻峁� 丑补谤补苍诲补峁囜笉测辞 惫测补测补峁� dady膩cca sodayam/ m峁泃膩y膩峁� dattam膩dady膩tapari艣odhyobhaya vyayam// 驰腻箩帽补惫补濒办测补蝉尘峁泃颈, 2.146