THE PEOPLE

MARRIAGE AND MORALS

Hindus.—The age of marriage used to be very early in the case of both boys and girls but now it is not so. The Ponvars used to marry their daughters at a very early age, but more from motives of economy than religious belief. For a girl of full age a high price had to be paid by the bridegroom. Among the Hindus marriages are celebrated for eight months in the year from the 11th day of dark fortnight of Karttika to the 11th day of Ashadha, omitting the four months of rains. Brahmans do not go in for celebration of marriages in the months of Chaitra and Pausha in addition to the other four. The Golars celebrate their marriages both at the bride's house and that of the bridegroom. He rides on a horse and on arrival at the marriage booth, he is presented by his future father-in law with a cup of milk. The bride and the bridegroom sit on a platform together and each gets up and sits down nine times, the one who accomplishes this first being considered to have won. The bridegroom then takes the bride's little finger in his hand and they walk nine times round the platform. He afterwards falls at the girl's feet, and standing up, carries her inside the house, where they eat together out of one dish. After three days the party proceeds to the bridegroom's house where the same ceremonies are gone through. Here the family barbers of the bride and bridegroom take the couple up in their arms and dance, holding them, and all the party dance too. Among the Gandlis, the wedding procession goes from the bride's to the bridegroom's house. The Telis, Lohars, Dhimars, Injhvars, Govaris and Maratha Kalars consult a Dhed or Mahar to fix the date of their weddings, this man being called the Mohturya. He is always illiterate. This is probably a sort of deference paid to the Mahars as the earliest inhabitants of the country of which instances occur elsewhere. A custom formerly prevailed among Sonars whereby the bride's foot having been smeared with red powder, she should plant it upon the bridegroom's back, by way of showing her superiority to him; but this has now almost fallen into disuse. At a Labhana or Banjara marriage, the girl is clad only in a light skirt and breast cloth and rubbed all over with oil. The Joshi or village priest who officiates at the wedding is told to run after her and catch her. while she eludes him and the bride's party pelt him with rice, turmeric and areca-nuts. When he finally catches the girl and brings her to the marriage shed," the boy's party subscribe, dropping coins into a plate which he holds and he often receives a considerable sum. Ponvars pay large sums up to a thousand rupees for a young and pretty widow. Kunbis also pay for widows but the prices are not so high. Among the Gonds, Telis, Govaris, Chamars, Kohlis, Lodhis and Marars, a deceased husband's younger brother marries his widow and this practice also prevails among the Muhammedans of Bhandara. Some Muslim families of the higher classes do not permit widows to marry.

Hindu Dharmashastra considers that it is obligatory for every person to marry as in its eyes vivaha is one of the Sanskaras, through each of which every man and woman must pass at the proper age and time. But, though marriage is thus universally prescribed for all Hindus, the institution as such is hedged with several rules and restrictions which fall under two main heads, viz., endogamy and exogamy. Thus they do not marry outside their caste. Brahmans marry within the gotras prescribed and rules regarding consanguinity are scrupulously observed. Marriages of widows were once strictly prohibited among Brahmans. Now, law permits them, but they are not very popular or common. Hunda or dowry is prohibited but several attempts are made by both parties to circumvent the law.

Enactments.— Social usage in relation to Hindu marriage has been considerably affected by various legal enactments passed perhaps right from 1853 when the regulation prohibiting sati was declared. A common form of civil marriage for all communities in India was provided by the Civil Marriage Act III of 1872 which made it possible for an Indian of whatever caste or creed to enter into a valid marriage with a person belonging to any caste or creed, provided the parties registered the contract of marriage, declaring inter alia that they did not belong to any religion. This Act was amended by Act XXX of 1923 making it possible for Hindus. Buddhists, Sikhs and Jains (but not Christians, Jews, Muhammedans and Parsees) to declare their religion and yet get their marriage registered. The Children Marriage Restraint Act XIX of 1929 as amended by Act 19 of 1946, prohibited marriages of boys under 18 and girls under 14 years of age. The Hindu Marriage Disabilities Act XXVIII of 1946 validated marriages between parties belonging to the same gotra or belonging to different sub-divisions of the same caste. The Hindu Marriages Act of 1955 which abrogates and modifies all the past laws has made Hindu marriages now strictly adult and monogamous. It has done away with the caste and gotra restrictions which limited the field of marriage. It has also set down definite conditions under which a decree of nullity and further of dissolution of marriage could be obtained.

As marriage from the Hindu point of view created indissoluble ties between husband and wife, divorce was not known to the general Hindu Law. Neither party to a marriage could, therefore, divorce the other unless divorce was allowed by custom. The Indian Divorce Act of 1869 provided inter alia for dissolution of marriage, but applied only to cases where the petitioner or respondent professed the Christian religion (Section 2 of the Act). However, according to the Hindu Marriage Act, 1955 reliefs by way of judicial separation, declaration of nullity of marriage and divorce are recognised (Sections 10 to 13).

TOP