The concept of marriage under the Hindu law & Can a family custom be discontinued

I. Discuss the concept of marriage under the Hindu law ?

Ans :- Hindu marriage is a Samskara ( religious rite or sacrament ) . It is in fact the last of the ten sacraments , enjoyed upon him by the Hindu religious for purifying the body from inherited taint . Han Hindu marriage is looked upon something which is more of a religious necessity and less of the physical luxury. It is more religious than secular in character.

                 According to Vedas, a marriage is " the union of flash with flash and bone with bone " . It is the union which Vedas regard him as her god, similarly the wife is declared to be the half the body of her husband ( Ardhangini ) . Who share with him equally the fruits of all his act whether they be good or bad. 

                Marriage, according to the Shastra is a half sacrament and the gift of the girl but on the father after the performance of which the father get great spiritual benefit. Marriage is binding for life because the marriage is rite completed by ( Saptapadi ) before the sacred fire creates a religious tie which ones created cannot be untie. 

        The vedic rules expressly declared that a man may have several wives but a woman cannot have many husband. Husbands where treated as god for the wives . Wifes were always associated in all the religious offering and honoured . Manu said , " Women must be honoured and respected by their father , brothers ,husband and brother -in- law who desire their own welfare. Where women are honoured, they are the Gods are please but where they are not honoured no sacred ride yields rewards " many old writers said " a woman is the half of her husband and completes him " . 

             The object of marriage according to Hindus is the procreation of children and the proper performance of religious ceremonies the sanity of marriage was held to be great that it was regarded to have some divine origin and was through to be predestined. 

     Marriage as a sacramental Union implies several things - first the marriage between man and woman is of religious or half character not a contractual union. 

It is not a mere contract in which a consenting mind is indispensable for a Hindu marriage mind obligatory not merely for begething a son in order to discharge the debt of his ancestor but also for the performance of other . 

                Religious and spiritual duties . Mayna has commented, " In the Vedic period the sacredness of the marriage tie was repeatedly dullard , the family ideal was decidedly high and was of ten realized " only divorce or dissolution of marriage, Manu disapproves of the divorce and remarriage of women . None can trace out divorce in ancient Hindu . Law never allowed divorce or Judicial separation except in some categories of lower caste . Remarriage is found in the text of Narada and Kautiya but the field is very narrow. According to them , " If the husband , be missing or dead , or retired from the would , or imponent or disregarded , in this five calamities a woman may take another husband, " But Manu opposed the idea very vehemently " . 

                     The husband is declared to be one with the wife . Neither by sale nor by repudiation is a wife released from her husband. Only a maiden is given in marriage .

            Thus marriage tie is a tie which can never be broken and it is a relation established birth to birth according to ancient Hindu law . Some smritikars have been of the view that even death cannot break the relation of husband and wife which is sacred and religious . It is said marriages are arranged in Heaven and they are salemiyed in Earth on turning over the pages of our Hindu Shastras and on having a glance over Hindu jurisprudence it can be noticed that the marriage is a sacrament or the purifying ceremony .

II. Can a family custom be discontinued? If so how?

And - Yes a family custom may be discontinued it may be discontinued if it is not :- 

a ) An ancient .

b ) If it is not continuous and has not been followed by the people uninterrupted and is a discontinuous manner .

c )If  it is not certain and definite , clear , and unambiguous and if there is any difference of 

opinion about its nature .

d ) If it is not reasonable and not capable of application .

e ) If it is opposed to the principles of morality as laid down in the smrities as against public policy on statues of component legislatures.

Check our other law post :-

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Essentials of a Valid Custom | Hindu law

What are the grounds of divorce by mutual consent in Hindu Law