Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
In many ways the theoretical inferiority of the _Sudra_ absolves him from
the restraints which the letter of the law lays on the three higher
castes.
AGE FOR MARRIAGE.--In the Hindu law want of age, though a disqualification
for other purposes, does not render a person incompetent to marry.
Ordinarily the lowest age is eight years for females, but a girl may be
married before that age if a suitable husband is procured for her. If none
of the persons who ought to give a girl in marriage do so before she
completes her eleventh year she may choose a husband for herself.
A girl must be given in marriage before she attains puberty. The reason
for marrying off a girl before she reaches the age of puberty is that the
marriage should be free from sexual desire.
PARENTAL CONSENT.--The Hindu law vests the girl absolutely in her parents
and guardians, by whom the contract of her marriage is made, and her
consent or absence of consent is not material. The consent of the parents
is required for the marriage of minors--that is, persons under fifteen
years of age. The parties authorized to give or withhold such consent are
the father, the paternal grandfather, the brother, a _sakulya_ or kinsman
in succession.
The want of parental consent, or the consent of the person standing in
_loco parentis_, does not invalidate a marriage otherwise legally
contracted.
IMPEDIMENTS.--Disqualifications or impediments are absolute or relative. A
disqualification which renders a party incompetent to marry any person is
absolute, while one which simply renders a party incompetent to a
particular person is termed relative.
A woman with a husband living is absolutely disqualified from contracting
a new marriage.
Idiots and lunatics are disqualified for civil purposes only, although the
Hindu law permits a wife to desert or disobey an insane husband.
Deaf and dumb persons, or those afflicted with incurable or loathsome
diseases, are competent to marry, but cannot insist upon conjugal rights.
Among the three highest castes (the twice-born) impotency is not an
impediment to marriage, but for those of the lowest caste (_Sudras_) it is
a disqualification.
A twice-born husband who was impotent was for centuries permitted to
appoint a kinsman to beget issue by his wife, but this is now forbidden.
The female must be younger than her husband and of the same caste.
A girl whose elder sister is unmarried, or a man whose elder brother is
unmarried, is not eligible for marriage.
MARRIAGE CEREMONIES.--Ceremonies of some sort, religious or secular, are
requisite to the concluding of a valid marriage. The ceremony may be that
of "walking seven steps" or merely the exchange of a garland of flowers.
The question as to whether or not a marriage is ceremonially complete
depends largely upon what ceremonies are customary among the parties
concerned.
Public-domain text, read in full here on John Shaqi.
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