Under the Mitakshara the following persons could act as guardians of the bride for the purpose of giving her in marriage in the given order:—
(1) Father,
(2) Grandfather,
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(3) Brother,
(4) Relatives of the bride’s father’s family on the basis of their proximity,
(5) Mother.
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According to Dayabhaga, the bride’s maternal grandfather and maternal uncle (Mama) could also act as guardians of the bride and both of them, have been listed above the mother.
A girl was permitted to marry on her own after attaining the age of puberty in case there was no guardian or there was guardian but refused to act as guardian or failed to marry the girl within a reasonable age.
Effect of Marriage:
After marriage the husband acquires guardianship over his wife. They both develop a right over each other and are supposed to live together and lead a harmonious life extending every kind of co-operation and assistance to each other. Any agreement contrary to the above between them was considered to be void. If the wife lives separately from her husband, he could institute a suit in the court for the restitution of conjugal rights.
Wife was entitled to claim maintenance from her husband so long as she discharges her marital obligations. During the British rule, Hindu Women’s Right to Separate Maintenance and Residence Act, 1946 was passed which provided for the maintenance of a Hindu wife even if she lived separately from her husband under certain circumstances.
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After the marriage the groom was to be the swami and protector of the wife. After the death of the husband her sons protect her. Besides this, custom was mainly responsible for relaxation of marriage rites, marriage conditions and divorce.
Apart from this, the Special Marriage Act of 1872, its amendment in 1923, the Hindu Widow’s Remarriage Act, 1856, the Anand Marriage Act (VII of 1909), Malabar Marriage Act, 1896 (6 of 1896) were enacted in order to validate and recognise certain special types of marriages and the Child Marriage Restraint Act, 1929, the Special Marriage Act, 1954, the Arya Samaj Marriage Validation Act, 1973 and the Native Converts Marriage Dissolution Act, 1860 altered the ancient textual law in regard to marriage. Dr. Tahir Mahmood ably summarises this situation in his book as under.
The Hindu law of marriage, as the British rulers of India found, interpreted and applied, is in a nutshell, as follows:
(1) Hindu marriage was a holy sanskar, it could be solemnised in one of the eight forms recognised by law.
(2) The solemnisation would be according to the Shastric or customary rites.
(3) One could marry at any age, there being no lowest age of marriage and a man could marry any number of women.
(4) Inter-religious and inter-caste marriages were prohibited, but the latter could be sanctioned by custom.
(5) Marrying within one’s own gotra or pravara was not allowed, except among the Shudras.
(6) Husband and wife would live together, the latter would submit to the wishes of the former, and the former would maintain the latter.
(7) Marriage was indissoluble; divorce was not permitted unless recognised by custom.
(8) Death did not dissolve a marriage and therefore a widow could not re-marry unless permitted by custom to do so. The court in India recognised, interpreted and applied all these principles in their minutest details.