Forms of Marriage: Approved and Unapproved Forms
🔹 I. FORMS OF MARRIAGE: APPROVED AND UNAPPROVED
In classical Hindu law, marriages were categorized into eight forms. These are broadly divided into:
Approved Forms (also called Prashasta Vivahas)
Unapproved Forms (also called Aprashasta Vivahas)
These forms were laid down in ancient Hindu texts such as the Manusmriti and Dharmashastras. Let's explore both categories in detail.
🔹 II. APPROVED FORMS OF MARRIAGE (Prashasta Vivahas)
Approved forms were considered socially and morally superior, especially for the three upper varnas (Brahmins, Kshatriyas, Vaishyas). These were encouraged because they were based on consent, ritual purity, and dharma.
1. Brahma Vivaha
Definition: Marriage of a girl to a man of good character, learned in the Vedas, and invited by the girl’s father without any dowry or bride-price.
Features:
No exchange of wealth
Focus on moral and intellectual character
Considered the most superior form
Case Reference: No specific codified case law, but ancient texts consider this the ideal form. It laid the foundation for the later idea of sacramental marriage in Hindu Law.
2. Daiva Vivaha
Definition: The girl is gifted to a priest (Brahmin) during or after a yajna (sacrifice) as part of religious duties.
Features:
Based on religious merit
Bride's family gains spiritual merit
3. Arsha Vivaha
Definition: Marriage in which the bride’s father receives a symbolic gift (a cow and a bull) from the groom.
Features:
Not considered dowry but a token of appreciation
Accepted when the groom cannot afford more
4. Prajapatya Vivaha
Definition: The father gives the bride to the groom with the blessing that "both shall perform their duties together."
Features:
Focus on dharma and shared responsibilities
Simpler than Brahma vivaha
🔹 III. UNAPPROVED FORMS OF MARRIAGE (Aprashasta Vivahas)
These were considered lower or sinful forms of marriage, tolerated in society but not encouraged. These often involved force, deceit, or desire.
1. Asura Vivaha
Definition: Marriage by purchase – the groom gives wealth to the bride’s family in exchange for the bride.
Features:
Treated as a commercial transaction
Critic
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