Sunday, September 25, 2011

JUDICIAL SEPARATION AND DIVORCE






RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION
9-Restitution of conjugal right.

When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights land the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

Explanation- Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.
10-Judicial separation

(1)Either patty to a marriage, whether solemnized before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.

(2)Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so।





NULLITY OF MARRIAGE AND DIVORCE
11-Void marriages.

Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5।



2-Voidable marriages.

(1)Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-


(a)that the marriage has not been consummated owing to the impotence of the respondent; or


(b)that the marriage is in contravention of the condition specified in clause (ii) of section 5; or


(c)that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner 6[was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978], (2 of 1978) the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstances concerning the respondent; or


(d)that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

(2)Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage-


(a)on the ground specified in clause (c) of sub-section (1) shall be entertained if-



(i)the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or



(ii)the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife-after the force had ceased to operate or, as the case may be, the fraud had been discovered;


(b)on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied-



(i)that the petitioner was at the time of the marriage ignorant of the facts alleged;



(ii)that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and


(iii)that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground।





13-Divorce.

(1)Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-


(i)has, after the solemnization of the marriage, had voluntary, sexual intercourse with any person other than his or her spouse; or


(ia)has, after the solemnization of the marriage, treated the petitioner with cruelty; or


(ib)has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or


(ii)has ceased to be a Hindu by conversion to another religion; or


(iii)has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent. Explanation - In this clause,-



(a)the expression "mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;



(b)the expression "psychopathic disorder" means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it require or is susceptible to medical treatment; or


(iv)has been suffering from a virulent and incurable from of leprosy; or


(v)has been suffering from venereal disease in a communicable from; or


(vi)has renounced the world by entering any religious order; or


(vii)has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive. Explanation- In this sub-section, the expression "desertion" means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the willful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly.

(1A)Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground-


(i)that there has been no resumption of cohabitation as between the parties to the marriage for a period of [one year] or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or


(ii)that there has been no restitution of conjugal rights as between the parties to the marriage for a period of [one year] or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.

(2)A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground,-



(i)in the case of any marriage solemnized before the commencement of this Act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner: Provided that in either case the other wife is alive at the time of the presentation of the petition; or



(ii)that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or 6[bestiality; or]



(iii)that in suit under section 18 of the Hindu Adoptions and Maintenance Act, 1956, (78 of 1956.) or in a proceeding under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974.) (or under the corresponding section 488 of the Code of Criminal Procedure, 1898), (5 of 1898.) a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards;



(iv)that her marriage (whether consummated or not) was Solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years. Explanation -This clause applies whether the marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976. (68 of 1976)

13A.Alternate relief in divorce proceedings। In any proceeding under this Act, on a petition for dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the grounds mentioned in clauses (ii), (vi) and (vii) of sub-section (1) of section 13, the court may, if it considers it just so to do having regard to the circumstances of the case, pass instead a decree for judicial separation.





13B.Divorce by mutual consent.

(1)Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, (68 of 1976.) on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that thy have mutually agreed that the marriage should be dissolved.

(2)On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.
14-No petition for divorce to be presented within one year of marriage.


Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented before one year has elapsed since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the expiry of one year from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the expiration of the said one year upon the same or substantially the same facts as those alleged in support of the petition so dismissed.

(2)In disposing of any application under this section for leave to present a petition for divorce before the expiration of one year from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the said one year.
15-Divorced persons when may marry again.

When a marriage has been dissolved by a decree of divorce an either there is no right of appeal against the decree or, if there is such right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed it shall be lawful for either party to the marriage to marry again.
16-Legitimacy of children of void and voidable marriages.

(1)Notwithstanding that a marriage is null and void under section 11, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such child is born before or after the commencement of the Marriage Laws (Amendment) Act, 1976, (68 of 1976) and whether or not a decree of nullity is granted in respect of that marriage under this Act and whether or not the marriage is held to be void otherwise than on a petition under this Act.

(2)Where a decree of nullity is granted in respect of a voidable marriage under section 12, any child begotten or conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if at the date of the decree it had been dissolved instead of being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity.

(3)Nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under section 12, any rights in or to the property of any person, other than the parents, in any case where, but for the passing of this Act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents.
17-Punishment of bigamy.

Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of sections 494 and 495 of the Indian Penal (45 of 1860) Code shall apply accordingly.
18-Punishment for contravention of certain other conditions for a Hindu marriage.

Every person who procures a marriage of himself or herself to be solemnized under this Act in contravention of the conditions specified in clauses (iii), (iv) and (v) of section 5 shall be punishable-


(a)in the case of a contravention of the condition specified in clause (iii) of section 5, with simple imprisonment which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both;


(b)in the case of a contravention of the condition specified in clause (iv) or clause (v) of section 5, with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both;





19-Permanent alimony and maintenance.

(1)Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant, the conduct of the parties and other circumstances of the case, it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.

(2)If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.

(3)If the court is satisfied that the party in whose favour an order has been made under this section has re-married or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just।





20-Custody of children.

In any proceeding under this Act, the court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible, and may, after the decree, upon application by petition for the purpose, make from time to time, all such, orders and provisions with respect to the custody, maintenance and education of such children as, might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending, and the court may also from time to time revoke, suspend or vary any such orders and provisions previously made.

The Hindu Marriage Act





An Act to amend and codify the law relating to marriage among Hindus. BE it enacted by Parliament in the Sixth Year of the Republic of India as follows:-
1-Short title and extent.

(1) This Act may be called the Hindu Marriage Act, 1955.

(2) It extends to the whole of India except the State of Jammu and Kashmir, and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories.
2-Application of Act.

(1)This Act applies-


(a)to any 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;


(b)to any person who is a Buddhist, Jaina or Sikh by religion, and


(c)to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.


Explanation: - The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be:-


(a)any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jains or Sikhs by religion;


(b)any child, legitimate or illegitimate, one of whose parents is Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged ; and


(c)any person who is a convert or reconvert to the Hindu, Buddhist, Jaina or Sikh religion.

(2)Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) of article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs.

(3)The expression "Hindu" in any portion of this Act shall be construed as if it included a person who, though not a Hindu by religion is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section






3-Definitions.

In this Act, unless the context otherwise requires,-


(a)the expressions "custom" and "usage" signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family:


Provided that the rule is certain and not unreasonable or opposed to public policy; and Provided further that in the case of a rule applicable only to a family it has not been discontinued by the family;


(b)"district court" means, in any area for which there is a city civil court, that court, and in any other area the principal civil court of original jurisdiction, and includes any other civil court which may be specified by the State Government, by notification in the Official Gazette, as having jurisdiction in respect of the matters dealt with in this Act;


(c)"full blood" and "half blood" - two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives;


(d)"uterine blood" - two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands.


Explanation -In clauses (c) and (d), "ancestor" includes the father and "ancestress" the mother;


(e) & (f)"prescribed" means prescribed by rules made under this Act


(i)"sapinda relationship" with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation;

(ii)two persons are said to be "sapindas" of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them;


(g)"degrees of prohibited relationship" - two persons are said to be within the "degrees of prohibited relationship"-


(i)if one is a lineal ascendant of the other; or

(ii)if one was the wife or husband of a lineal ascendant or descendant of the other; or

(iii)if one was the wife of the brother or of the father's or mother's brother or of the grandfather's or grandmother's brother of the other; or

(iv)if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters; Explanation - For the purposes of clauses (f) and (g), relationship includes-

(i)relationship by half or uterine blood as well as by full blood;

(ii)illegitimate blood relationship as well as legitimate;

(iii)relationship by adoption as well as by blood; and all terms of relationship in those clauses shall be construed accordingly






4-Overriding effect of Act.
Save as otherwise expressly provided in this Act,-

a)any text rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act;

(b)any other law in force immediately before the commencement of this Act shall cease to have effect in so far as it is inconsistent with any of the provisions contained in this Act.
5-Conditions for a Hindu marriage.

A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:-


(i)neither party has a spouse living at the time of the marriage


(ii)at the time of the marriage, neither party-


(a)is incapable of giving a valid consent to it in consequence of unsoundness of mind; or


(b)though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or



(c)has been subject to recurrent attacks of insanity or epilepsy;



(iii)the bridegroom has completed the age of [twenty-one years] and the bride the age of [eighteen years] at the time of the marriage;



(iv)the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;



(v)the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two.
6-Guardianship in marriage.

[Guardianship in marriage.] Rep. by Act 2 of 1978, s. 6 and Sch. (w.e.f. 1-10-1978).
7-Ceremonies for a Hindu marriage.

(1)A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.

(2)Where such rites and ceremonies include the saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken



8-Registration of Hindu marriages.

(1)For the purpose of facilitating the proof of Hindu marriages, the State Government may make rules providing that the parties to any of such marriage may have the particulars relating to their marriage entered in such manner and subject to such conditions as may be prescribed in a Hindu Marriage Register kept for the purpose.

(2)Notwithstanding any thing contained in sub-section (1), the State Government may, if it is of opinion that it is necessary or expedient so to do, provide that the entering of the particulars referred to in sub-section (1) shall be compulsory in the State or in any part thereof, whether in all cases or in such cases as may be specified, and where any such direction has been issued, any person contravening any rule made in this behalf shall be punishable with fine which may extend to twenty-five rupees.

(3)All rules made under this section shall be laid before the State Legislature, as soon as may be, after they are made.

(4)The Hindu Marriage Register shall at all reasonable times be open for inspection, and shall be admissible as evidence of the statements therein contained and certified extracts there from shall, on application, be given by the Registrar on payment to him of the prescribed fee.

(5)Notwithstanding anything contained in this section, the validity of any Hindu marriage shall in no way be affected by the omission to make the entry,

Saturday, September 24, 2011

Indian Hindu Marriage Act




In India, where most Hindus live, the laws relating to marriage differ by religion। By the Hindu marriage act of 1955 passed by the Union Parliament of India, for all legal purposes, all Hindus of any caste, creed or sect, Sikh, Buddhists & Jains are considered as Hindus for intermarry. By the Special Marriage Act, 1954.



The Special Marriage Act, 1954 (2) – It extends to the whole of India except Jammu & Kashmir, & applied also to citizens of India.
Ceremonies for a Hindu Marriage (7) – According to 1955 Marriage act. A Hindu Marriage may be solemnized in accordance with the customary rites & ceremonies of either party thereto.
Where such rites & ceremonies include the Saptapadi (that is taking of seven steps by the bridegroom & the bride jointly before the sacred fire), the marriage becomes complete & binding when the seventh step is taken।





Divorce : Marriage act 1955, (11) – Any marriage solemnized after the commencement of this act shall be null & void & may, on a petition presented by either party thereto (against the other party is living in adultery) thereto be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (1), (4) & (5) of section 5.
l5(1) : Neither party has a spouse living at the time of marriage.
l5(4) : The parties are not within the degrees of prohibited relationship, unless the custom or usage governing such of them permits of a marriage between the two।




125. Order for maintenance of wives & children – If any person having sufficient means neglects or refuses to maintain –
His wife, unable to maintain herself or his legitimate or illegitimate minor child, whether married or not, unable to maintain itself or
His legitimate or illegitimate child ( not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself।
















Thursday, September 22, 2011

Indian wedding facts



India is a vast land of many traditions, with each community having their own rites of passage, some strange and others endearing, but all being part of wedding customs...



Ascetic groom


Grooms among Tamil Brahmins perform a ritual enactment of asceticism। A regular practice during the wedding is for the groom to pretend to being suddenly disillusioned and wanting to renounce the world. Accompanied by his friends, he leaves the marriage hall dressed in a dhoti (a simple cloth tied at the waist with a knot). The father and other relatives of the bride must then persuade him to come back and accept the bride.



Marriage by abduction
Among some ancient Indian tribes, marriage by abduction is the norm। The young man must carry away his lady on his back, keep her hidden for a year and then have a normal ceremony with the then automatic consent of the bride’s parents.



Wedding contract The Nagarattars of Tamil Nadu in South India, have a tradition that follows the ceremonial tying of the thali or mangalsutra। The fathers of both the bride and the groom sign the isaivu padimaanam, which is a document stating the marriage contract between the two families।



Deeper the colour
An Indian bride applies henna or mehndi to her hands and feet before the wedding। The belief is that the deeper the final colour the more she will be loved by her husband or some say, her mother-in-law. She is also forbidden from doing any housework as long as the colour of the bridal mehndi remains on her hands, making the longevity of the henna all the more desirable!


Veiled groom
In North India the groom’s face is kept hidden before the wedding behind a floral veil, called sehra, which is tied to the turban। The veil is believed to protect him from the evil eye. At some point before the ceremony, someone from the bride’s family lifts the veil briefly to ensure that the groom is the chosen one and not an impostor!


Right footed
After the Hindu wedding ceremony the bride arrives to her husband’s home and is ceremonially ushered in by her mother-in-law। The bride must take care to enter the threshold with her right foot first, which she uses to gently knock over a vessel filled to the brim with rice that has been placed there strategically in order to ensure good luck and plenty for her new family.



Ransom shoes
In Punjab it is customary for young girls related to the bride to play a prank on the groom involving his shoes। During the marriage ceremony the groom’s untended shoes are removed and hidden away. After the ceremony, he is asked to pay a ransom or ‘fee’ for their return. The groom comes prepared for this and offers cash or traditional trinkets, called kalicharis, gold for the bride’s sisters and silver for her cousins.



Ring of control
A light-hearted ritual called aeki beki among Gujurati Hindus follows the arrival of the newly wed couple at their home. A ring and a few coins are put into a silver dish filled with milk and vermilion and the bride and groom are asked to dip their hands into the bowl to search for the ring. The one who finds the ring four out of seven times is predicted most likely to rule the roost!
Groom’s nose
A pre-wedding ritual in Gujurat has the groom arriving at the house of the bride to seek the blessings of his mother-in-law। She blesses him and performs a ritual to ward off the evil eye. She also tries to catch his nose, playfully reminding him of his responsibility as a son-in-law.


Earth bringing
Some tribal communities perform an earth-bringing ceremony before the wedding. Earth from a holy place is carried to the wedding house and a kiln built and anointed. All food for the wedding feast is cooked in this kiln.

Friday, September 16, 2011

Arya Samaj Weddings





The Arya Samaj Weddings follow the teachings of Swami Dayanand Saraswati who is the founder of Arya Samaj. The wedding is held keeping in mind the teachings of the ancient Vedas of Hindu culture. Thus, the Arya Samaj Weddings happen only within the Hindu community. A typical Arya Samaj wedding is quite a modest one and is not characterized by extravagant ceremonies. In this type of a marriage, no particular god is worshipped but rather there is the ‘Pooja’ of the elements like fire, water and others. An Arya Samaj wedding is in accordance with the Arya Marriage Validation Act XIX of 1937. The priests complete the ritual and interpret the meanings of the Vedic chants to the couple so that they are enlightened with the importance of wedding and also about living together for the lifetime.
IndiaWeddingPlanner.com will provide you with the information of the Arya Samaj Weddings.




Rituals and Customs
Some unique rituals are performed in the India Arya Samaj Weddings. Rituals like Madhuparka, Shilarohan, Parikrama, Pani Grahan, and others are to be observed in the Arya Samaj Weddings in India. In the Madhuparka ritual, the bride offers the groom water three times and then the groom takes the Madhuparka, which is made of curds, cream, and honey. After offering the mixture to the almighty, the groom eats the concoction.
In the Panigrahan ritual, the groom holds the hands of his bride and recites mantras and promises to stay by her side in all circumstances.





Tribal marriage





The tribal model of marriage:
It’s thoroughly depressing that some Indian girls are still being married off by age 12… suspiciously coincidental with the age of menarche. The obsession with female virginity obscenely reduces half the world to a box of disposable tissues with a faulty seal:
[A]s Thomas Aquinas once noted, the generative power of the Holy Ghost pierced the Virgin’s hymen ‘like a ray of sunshine through a window–leaving it unbroken.’
… Today the NYT reminds us Neanderthal marriage customs are not a uniquely desi shame, they’re tribal:
More than half of Kyrgyzstan’s married women were snatched from the street by their husbands in a custom known as “ala kachuu,” which translates roughly as “grab and run.” … at least a third of Kyrgyzstan’s brides are now taken against their will. Kyrgyz men say they snatch women because it is easier than courtship and cheaper than paying the standard “bride price,” which can be as much as $800 plus a cow.
This in particular is reminiscent of desi village culture:
Once a girl has been kept in the home overnight, her fate is all but sealed: with her virginity suspect and her name disgraced, she will find it difficult to attract any other husband… “Every good marriage begins in tears,” a Kyrgyz saying goes.
It’s always bothered me the way the doli / vidai in a Hindu wedding ends in tears… At its heart it’s a submission ritual: the baraatis have stormed the gates, the bride has been caught, the doli is her broken surrender, carried off in a palanquin to the conqueror’s harem. ’Dilwale dulhaniya le jayenge’: it’s Alexander entering Babylon, Hulagu entering Baghdad.

Friday, September 2, 2011

Kannada wedding





A kannada wedding can be said to be a relatively simple affair in comparison with the resplendent weddings conducted in other regions of India. As such there are various communities in Karnataka and the wedding rituals followed by each of these communities are typically different. One vital feature of the Kannada wedding is the numerous rituals performed pre, per and post wedding. Some interesting and key Kannada wedding rituals are elaborated here ..




Pre wedding rituals:


Nandi:: This is a ritual performed to ensure that the marriage takes place without any hindrances and goes on peacefully even if there is a death or birth on either side. The first wedding card is placed before the Lord along with coconut, aarti and a kalash.



Kaashi Yatre: This is a traditional playful ritual in existence since yore. The groom pretends to be angry as nobody is bothered to search a bride for him. He announces Brahmachara and leaves for Kasi on a pilgrimage like a true sanyasin. He carries a walking stick, an umbrella, a fan and a coconut, a small packet of rice and dal and also a dhoti. At this juncture his maternal uncle intercepts and convinces him and puts forth the bride he has chosen.



Dev Karya: This ritual is normally performed on the day of arrival of the groom's family to the village or the place the marriage is being conducted. The goods used for the wedding are placed before the Lord Ganesha and blessings sought. The bride and the groom are applied with 'haldi', a paste of turmeric on their bodies and this is considered auspicious. The 'uddin murth' grain which is considered sacred is ground.



When the groom and his retinue reaches the venue, the married women, the 'sumangalis' from the bride's party perform an aarti. They then lead the bridegroom inside the wedding hall.




Wedding rituals:



Mandap Puja: This is in fact the first ritual that is performed on the day of the marriage. This Puja is for the Mandap or the marriage hall to be rendered appropriate for the wedding. The Var Puja is a ceremony performed when the bride's father brings the groom to the Mandap. The ceremonial washing of the groom's feet by the parents of the bride takes place and a silk dhoti and pitambar is offered to the groom to adorn him for the wedding. It is the usual practice that none should see the face of the bride when she is brought to the Mandap. So the bride's face is shielded by peacock feathers.



Garlanding ceremony: The bride is escorted by her uncle to the Mandap according the Kannada wedding traditions. The bride and the groom stand facing each other with a white cloth in-between them. The bride and the groom take standing positions and the 'Mangalashtam' which is the wedding mantra is recited. The white cloth is now removed and the bride and the groom now garland each other amidst the chanting of mantras. Now the groom's sister holds a kalash of holy water that contains coconut water, betel leaves and Kombu Gindi.



Giving away of the bride: 'Dhare Herdu' symbolizes handing over their daughter to the groom. The bride's father takes the groom's hand and places it on the hand of the bride. The groom then holds the bride's hand along with coconut and betel leaves while her father ceremonially pours water into the groom's hands signifying 'dhara' that now she belongs to the groom. Puffed rice is then poured into the haven five times before the seven pheras or the saptapadi begins.



Saptapadi is the actual wedding ceremony of the bride taking the groom's footsteps seven times around the holy fire 'sapta padi'. The groom's angavastram and the bride's pallav are tied with a nuptial knot.



In the Kannada wedding, five women tie the Mangalsutra or the holy thread while the bride groom holds it around the neck of the bride. The couple bows before the elders and seek their blessings.



In some kannada weddings, a game called Okhli is generally played with the groom's wedding ring dipped in a vessel containing colored water. The bride and her brother search for the ring thrice.



Post wedding rituals


Vidaai ceremony symbolically refers to the tearful farewell of the bride from her maternal home to her in-laws house। The bride's parents shower her with numerous gifts including an umbrella, vessels, cot and other items to enable her set up her new home.



Graha Pravesh is the ritual of the bride entering her new home. She kicks a kalash full of rice with her right foot kept at the entrance of the groom's house. This ritual signifies that her arrival is bound to bring prosperity and she enters a new phase of her life. The name changing ceremony follows. The groom decides on a name for his bride which he inscribed with a ring on a plate containing rice.




Telugu wedding



The customs for a Telugu wedding are unique. Telugu weddings are performed by a purohit and are usually held in the evenings as they follow the lunar calendar.





Pre-wedding ceremonies



Pendlikoothuru/pendlikodugu - The respective families apply oil and turmeric to the bride and the groom. Bangles, flowers, betel leaves and nuts and sweets are given to elderly women and their blessings are sought.



Mangala snanam - The respective maternal uncles apply oil on the bride and groom.



Snathakam - This is for the groom wherein he is asked to wear a silver thread on his body, this is done a few hours before the actual muhurtham.



Gauri pooja - The bride worships Goddess Durga in the form of Gauri and while doing so inserts both her legs and hands into a bamboo basket.



Ganesha pooja - While the bride worships Gauri, the groom worships Lord Ganesha and seeks his blessings for an obstacle free wedding.



Kashi yathra - This is a unique ceremony, the groom pretends to leave for Kashi thus disowning the worldly pleasures. The bride's brother requests him to come back and accept the bride and lead a family life





Wedding ceremonies



Kanyadanam - The bride's uncles carry the bride in a bamboo basket and bring her to the mandapam for the kanyadanam. A screen is held in between the bride and the groom and is removed at the time of tying the mangal sutra.



Jeerakaalu-bellamu - The priest recites shlokas from the Vedas and the bride and the groom place jeerakaalu-bellamu on each others heads. This signifies that as two different ingredients mix together so should a husband and a wife.



Tying the mangalsutra - The screen is removed and the groom ties the mangal sutra on the bride's neck with three knots. The bride and the groom hold their hands and are asked to see the pole star or Dhruva.



Kanyadaan akshatha - After the mangalsutra is tied, the bride and the groom exchange garlands and elders shower akshatha (yellow rice) on the newly married couple.



Saptapadi - The bride's sari and the groom's angavasthra are knotted together and they go around the sacred fire seven times.



Sthaalipakkam - A silver toe ring is slipped into the bride's feet by the groom and she is asked to see the Arundathi star and seek the blessings of God.





Post-wedding ceremony



Grihapravesh - The bride enters the groom's house for the first time.



Uniting the mangalsutra's - After 16 days the two separate mangalsutras tied on the day of the marriage are united into one.