However, the ancient Hindu Juridical literature empowered a maiden to select a husband of her own caste, provided that she was not given in marriage by her father or guardians within three months or three years of the attainment of puberty. At the time of solemnization of the marriage, she was, as is customary in a Hindu family, particularly in a rural area, under a heavy veil, in consequence of which she should not see the bridegroom. These are: 1 Inability of the respondent to consummate the marriage on account of his or her impotency. But, as Lord Denning L. Sometimes it is said that in this type of marriage the girl is sold out. Desertion is not a single act complete in itself, it is a continuous course of conduct to be determined under the facts and circumstances of each case.
Special qualities like good character, scholarship in the Vedas or good family background of the bridegroom were not emphasized in selection. Learned counsel for the appellant submitted that even in the absence of specific issue, the parties had led evidence and there was sufficient material for the Family Court to return a verdict of desertion having been proved. The Patna High Court went further and held that the celebration of Gandharva form of marriage must be attended with nuptial rites and ceremonies including Homa invocation before the sacred fire and Saptapadi the taking of seven steps by the bride-groom and the bride together for its validity, This ruling was cited in a decision by the Supreme Court in the case of Bhaurao v. This Court had not laid down any new law but only interpreted the existing law which was in force. The line is traced upwards in case of both the parties counting each of them as the first generation; the generations in the line of ascent whether three or five are to be counted inclusive of the persons concerned and the common ancestor or ancestress. It is submitted that as the respondent has solemnised a second marriage during the subsistence of the first marriage with the appellant, the second marriage being void, the respondent is liable to be prosecuted for the offence punishable under Section 494 of the Indian Penal Code.
According to ancient Hindu law, marriage is the last of ten sacraments and is a sacred tie which can never be broken. It proscribes only five essential conditions of a valid marriage, i. No person, by the judgment impugned, has been denied the freedom of conscience and propagation of religion. There is a period of waiting from 6 to 18 months. However, the respondent succeeded in taking her to his house, where she was confined in a room. It all depends upon the marriage for their return to the earth.
The conditions and requirements of a valid marriage are now very much simplified as is evident from the provisions of Sections 5 and 17 of the Act. If the circumstances are equally balanced in favour of the wife and the husband, then there would be a stalemate and neither of them would be able to sue the other for restitution of conjugal rights. In the Hindu tradition, it can be accepted when the bride and groom both will be under the Kshatriya caste. Therefore, in order to succeed in the present proceeding the petitioner had to prove that her marriage with the respondent had been solemnized by procuring her consent to the marriage by fraud. He who wished to procure her had to pay for her.
Sub-section 1 of Section 13-B requires that the petition for divorce by mutual consent must be presented to the court jointly by both the parties. The custom must be ancient, certain and enforceable. If, in fact, there has been a separation, the essential question always is whether that act could be attributable to an animus deserendi. The parties in the case before us lived at two different places before marriage. The onerous obligation, which the law imposes on the Hindu husband, is at least co-related to the right to determine the location of the matrimonial home.
Cruelty consists of acts which are dangerous to life, limb or health. In Shiva temples, Shakti embraces Shiva firmly despite a tempestuous marriage. Learned counsel for the appellant argued that these rules were no longer applicable in view of section 4 of the Hindu Marriage Act. It is simply a proposition of ordinary good sense arising from the fact that the husband is usually the wage earner and has to live near his work. Buddhist gandharvas are also known for their skill as musicians, as well as their connection to the wilderness.
By recognising the divorce and widow remarriage the first two characteristics of sacramental marriage have been waived. Ultimately, in March 1961, the petitioner filed the present petition for dissolution of marriage with the respondent on the ground of fraud in the matter of procurement of her consent whereby her marriage was solemnized. For holding desertion proved the inference may be drawn from certain facts which may not in another case be capable of leading to the same inference; that is to say the facts have to be viewed as to the purpose which is revealed by those acts or by conduct and expression of intention, both anterior and subsequent to the actual acts of separation. This form of marriage may have fallen into disuse due to the practice of child marriage. Brahma Vivah Brahma vivah is considered the best marriage.
Moreover the approved forms of marriage were viewed with respect while the unapproved forms were considered to be disgraceful. Brahma marriage This is a marriage through mutual consent, in which the father of the bride gives away his daughter in marriage to the bridegroom whom he formally approves. In all three traditions, the gandharvas are closely related to the wilderness as well as the creative arts, particularly music. The bride father gives his consent under the pressure and fear he do the all thing or due to material, economic or financial consideration offered by the groom. The petitioner for divorce bears the burden of proving those elements in the two spouses respectively.
She said that she would not be party to the petition and prayed for its dismissal. Clauses a , b and c of sub-section 1 of Section 2 make the Act applicable to a person who is a Hindu by religion in any of its forms or developments including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj and to a person who is a Buddhist, Jain or Sikh by religion. The Asura form of marriage is commonly practised among the lower castes and the Gandharva marriage is gaining momentum among the modern youths in the form of love marriage. Marriages are considered to be made in heaven which is then sanctified by fire during the wedding ceremony. Cruelty, generally, does not consist of a single, isolated act but consists in most cases of a series of acts spread over a period of time.
It is only applicable to marriages solemnised after the commencement of the Hindu Marriage Act, 1955. As a mater of fact the appellant is proved to have abandoned the matrimonial home and declined to cohabit with the respondent thus forbearing to perform the matrimonial obligation. Mental cruelty is the conduct of other spouse which causes mental suffering or fear to the matrimonial life of the other. Ultimately, the District Judge dismissed the petition for divorce. If the girl becomes pregnant by some person before her marriage and subsequently the same fellow marries her the section has no application.