The subject of marriage is dealt with at considerable length in the Laws
of Manu, and it is clear that, as originally conceived, marriage under
the Hindu law consisted in nothing more than the mere possession of the
woman, however obtained, by the man with the intention of making her his
wife. Eight kinds of marriage are enumerated, and to each kind is
assigned a separate name. The first four kinds are merely different
forms of gift of the girl by her father to the husband. The other four
kinds are--obtaining possession of a girl by purchase, fraud, ravishment
or consent of the girl herself. But the simple gift of the girl by her
father without any bargain or recompense was even then considered the
most reputable form of marriage, and it is now the only one in common
use amongst orthodox Hindus. The sale of the daughter was even in those
early times stigmatized as disgraceful, but it was valid; and even now,
if there were an actual transfer of the girl by the father, it is
scarcely probable that the courts would inquire whether any inducement
was given for the transfer. The transaction takes place entirely between
the father of the girl and the future husband; the girl has nothing to
do but to obey. If the girl has no father, then it will be the duty of
her nearest male relatives to dispose of her in marriage. If, however,
the girl is not married when she attains puberty (which is very rare),
then she may choose a husband for herself. The father cannot dispose of
his son in marriage as he can of his daughter, nor is anything said
about his consent in the matter; though in the case of a very young boy
there can be no doubt that the consent of one or both parents is
obtained. The marriage of very young boys is very common, and is
certainly valid.
The ceremonies which precede and accompany a marriage are very numerous.
By far the most important is that which consists in the bridegroom
taking the bride's hand and walking seven steps. Amongst Hindus
generally the performance of this ceremony following upon a betrothal
would be treated as conclusive evidence of a marriage, whilst the
omission of it would, amongst orthodox Hindus, be almost conclusive that
no marriage had yet taken place. But still any particular customs of the
tribe or caste to which the parties belonged would always be considered,
and it cannot be said that the completion or non-completion of this
ceremony is universally conclusive as to the existence of a marriage.
There may be communities of Hindus which require something more than
this; there are certainly some which require something less, and others
which require something altogether different. There are lower castes in
some parts of India calling themselves Hindus in which the only ceremony
accompanying a marriage is giving a feast to which the members of the
two families are invited.
Public-domain text, read in full here on John Shaqi.
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