Royal Marriages Act 1772

United Kingdom

Most Gracious Sovereign,

I. Whereas your Majesty, from your paternal affection to your own family, and from your royal concern for the future welfare of your people, and the honour and dignity of your crown, was graciously pleased to recommend to your parliament to take into serious consideration, whether it might not be wise and expedient to supply the defect of the laws now in being; and, by some new provision, more effectually to guard the descendants of His late majesty King George the Second, (other than the issue of princesses who have married, or may hereafter marry, into foreign families) from marrying without the approbation of your Majesty, your heirs, or successors, first had and obtained; we have taken this weighty matter into our serious consideration;

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Marriage: Institutes of Justinian

Marriage

Roman citizens are bound together in lawful matrimony when they are united according to law, the males having attained the age of puberty, and the females a marriageable age, whether they are fathers or sons of a family; but, of the latter, they must first obtain the consent of their parents, in whose power they are. For both natural reason and the law require this consent; so much so, indeed, that it ought to precede the marriage. Hence the question has arisen, whether the daughter of a madman could be married, or his son marry? And as opinions were divided as to the son, we decided that as the daughter of a madman might, so may the son of a madman marry without the intervention of the father, according to the mode established by our constitutio.

1. We may not marry every woman without distinction; for with some, marriage is forbidden. Marriage cannot be contracted between persons standing to each other in the relation of ascendant and descendant, as between a father and daughter, a grandfather and his granddaughter, a mother and her son, a grandmother and her grandson; and so on, ad infinitum. And, if such persons unite together, they only contract a criminal and incestuous marriage; so much so, that ascendants and descendants, who are only so by adoption, cannot intermarry; and even after the adoption is dissolved, the prohibition remains. You cannot, therefore, marry a woman who has been either your daughter or granddaughter by adoption, although you may have emancipated her.

2. There are also restrictions, though not so extensive, on marriage between collateral relations. A brother and sister are forbidden to marry, whether they are the children of the same father and mother, or of one of the two only. And, if a woman becomes your sister by adoption, you certainly cannot marry; but, if the adoption is destroyed by emancipation, you may marry her; as you may also, if you yourself are emancipated. Hence it follows, that if a man would adopt his son-in-law, he ought first to emancipate his daughter; and if he would adopt his daughter-in-law, he ought previously to emancipate his son.

3. A man may not marry the daughter of a brother, or a sister, nor the granddaughter, although she is in the fourth degree. For when we may not marry the daughter of any person, neither may we marry the granddaughter. But there does not appear to be any impediment to marrying the daughter of a woman whom your father has adopted; for she is no relation to you, either by natural or civil law.

4. The children of two brothers or two sisters, or of a brother and sister, may marry together.

5. So, too, a man may not marry his paternal aunt, even though she be so only by adoption; nor his maternal aunt; because they are regarded in the light of ascendants. For the same reason, no person may marry his great-aunt, either paternal or maternal.

6. There are, too, other marriages from which we must abstain, from regard to the ties created by marriage; for example, a man may not marry his wife’s daughter, or his son’s wife, for they are both in the place of daughters to him; and this must be understood to mean those who have been our stepdaughters or daughters-in-law; for if a woman is still your daughter-in-law, that is if she is still married to your son, you cannot marry her for another reason, as she cannot be the wife of two persons at once. And if your step-daughter, that is, if her mother is still married to you, you cannot marry her, because a person cannot have two wives at the same time.

7. Again, a man is forbidden to marry his wife’s mother, and his father’s wife, because they hold the place of mothers to him; a prohibition which can only operate when the affinity is dissolved; for if your step-mother is still your step-mother, that is, if she is still married to your father, she would be prohibited from marrying you by the common rule of law, which forbids a woman to have two husbands at the same time. So if your wife’s mother is still your wife’s mother, that is, if her daughter is still married to you, you cannot marry her, because you cannot have two wives at the same time.

8. The son of a husband by a former wife, and the daughter of a wife by a former husband, or the daughter of a husband by a former wife, and the son of a wife by a former husband, may lawfully contract marriage, even though they have a brother or sister born of the second marriage.

9. The daughter of a divorced wife by a second husband is not your step-daughter; and yet Julian says we ought to abstain from such a marriage. For the betrothed wife of a son is not your daughter-in-law; nor your betrothed wife your son’s step-mother; and yet it is more decent and more in accordance with law to abstain from such marriage.

10. It is certain that the relationship of slaves is an impediment to marriage, even if the father and daughter or brother and sister, as the case may be, have been enfranchised.

11. There are other persons also, between whom marriage is prohibited for different reasons, which we have permitted to be enumerated in the books of the Digests or Pandects, collected from the old law.

12. If persons unite themselves in contravention of the rules thus laid down, there is no husband or wife, no nuptials, no marriage, nor marriage portion, and the children born in such a connection are not in the power of the father. For, with regard to the power of a father, they are in the position of children conceived in prostitution, who are looked upon as having no father, because it is uncertain who he is; and are therefore called spurii, either from a Greek word sporadan, meaning “at hazard,” or as being sine patre, without a father. On the dissolution of such a connection there can be no claim made for the demand of a marriage portion. Persons who contract prohibited marriages are liable also to further penalties set forth in our imperial constitutiones.

13. It sometimes happens that children who at their birth were not in the power of their father are brought under it afterwards. Such is the case of a natural son, who is given to the curia, and then becomes subject to his father’s power. Again, a child born of a free woman, with whom marriage was not prohibited by any law, but with whom the father only cohabited, will likewise become subject to the power of his father if at any time afterwards instruments of dowry are drawn up according to the provisions of our constitutio. And this constitutio confers the same benefits on any children who may be subsequently born of the same marriage.


 

Prohibited degrees under Hindu Marriage

The original text of Manu and Yajnavalkya regarding the prohibited degrees are as follows. According to Manu:

I. She, who is the mother’s non-sapinda also (non-sagotra), and the father’s non-sagotra also (non-sapinda), is commended for the nuptial rite and holy union amongst the twice-born classes. –Manu iii. 5. But sapinda relationship ceases in the 7th degree (from the mother and the father); and the Samanodaka relationship ceases if (common) descent and name be not known. — Manu v. 60.

Mitakshara reading of the first line is slightly different. According to it the first line is:

Let a man who has finished his studentship, espouse an auspicious wife who is not defiled by connection with another man, is agreeable, non-sapinda, younger in age and shorter in stature, free from disease, has a brother living, is born from a different gotra and pravara, and is beyond the fifth and the seventh degrees from the mother and the father respectively. — Yajnavalkya, i., 52-53.

विवाहाः- Vibaha

अष्टौ विवाहाः

  1. श्रुत-शीले विज्ञाय ब्रह्मचारिणे अर्थिने दीयते स ब्राह्मः
  2. आच्छाद्य अलंकृत्य  एषा सह धर्मश् [: धर्मं ] चर्यताम् इति प्राजाप्त्यः
  3. पूर्वां लाजाहुतिं हुत्वा गोभ्यां सह आर्षः ॥ [: पूर्वां लाजाहुतिं हुत्वा गो -मिथुनं कन्यावते दत्त्वा ग्रहणमार्षः ]
  4. दक्षिणासु नीयमानास्व् अन्तर्वेद्य् ऋत्विजे स दैवः
  5. धनेन उपतोष्या आसुरः ॥ [: सकामेन सकामाया मिथस्संयोगो गान्धर्वः ]
  6. सकामेन सकामाया मिथः संयोगो गान्धर्वः ॥ [: धनेनोपतोष्यासुरः ]
  7. प्रसह्य हरणाद् राक्षसः
  8. सुप्तां मत्तां प्रमत्तां वा उपगच्छेद् इति पैशाचः

तेषां चत्वारः पूर्वे ब्राह्मणस्य तेष्व् अपि पूर्वः पूर्वः श्रेयान् ॥
उत्तरेषाम् उत्तर उत्तरः  पापीयान् ॥

अत्र अपि षष्ठ-सप्तमौ क्षत्रधर्म-अनुगतौ तत्-प्रत्ययत्वात् क्षत्रस्य ॥
पञ्चम-अष्टमौ वैश्य-शूद्राणाम् ॥
अयन्त्रित-कलत्रा हि वैश्य-शूद्रा ।भवन्ति ॥
कर्षण-शुश्रूषा-अधिकृतत्वात् ॥
गान्धर्वम् अप्य् एके प्रशंसन्ति सर्वेषां स्नेह-अनुगतत्वात् ॥
यथा युक्तो विवाहस् तथा युक्ता प्रजा भवति_इति विज्ञायते ॥
अथ अप्य् उदाहरन्ति । [ साधवस्त्रिपुरुषमार्षाद्दश दैवाद्दश प्राजापत्याद्दश पूर्वान्दश _अपरानात्मानं च ब्राह्मीपुत्र इति ।विज्ञायते ॥वेद स्वीकरण -शक्तिरप्येवंविधानामेव पुत्राणाम्भवति इति ॥]

क्रीता द्रव्येण या नारी सा न पत्नी विधीयते ।
सा न दैवे न सा पित्र्ये दासीं तां काश्यपो अब्रवीत् ॥
शुल्केन ये ।प्रयच्छन्ति स्वसुतां लोभ-मोहिताः ।
आत्म-विक्रयिणः पापा महा-किल्बिष-कारकाः ॥
पतन्ति नरके घोरे ।घ्नन्ति चसप्तमं कुलम् ।
गमन-आगमनं चैव सर्वं शुल्के ।विधीयते ॥
पौर्णमस्य्-अष्टका-अमावास्या-अग्न्युत्पात-भूमिकम्प-श्मशान-देशपति-श्रो त्रिय-एकतीर्थ-प्रयाणेष्व् अहोरात्रम् अनध्यायः ॥
वाते पूति-गन्धे नीहारे च नृत्त-गीत-वादित्र-रुदित-साम-शब्देषु तावन्तं कालम् ॥
स्तनयित्नु-वर्ष-विद्युत्-संनिपाते त्र्यहम् अनध्यायोअन्यत्र वर्षा-कालात् ॥
वर्षा-काले
अपि वर्ष-वर्जम् अहोरात्रयोश् च तत्-कालम् ॥
पित्र्य-प्रतिग्रह-भोजनयोश् च तद्-दिवस-शेषम् ॥
भोजनेष्व् आ जरणम् ॥
पाणि मुखो हि ब्राह्मणः ॥

अथ अप्य् उदाहरन्ति ।
भुक्तं प्रतिगृहीतं च निर्विशेषम् इति श्रुतिः ॥
पितर्य् [: पितुर्य् ] उपरते त्रि-रात्रम् ॥
द्वयम् उ ह वै सुश्रवसो अनूचानस्य रेतो ब्राह्मणस्य_ऊर्ध्वं नाभेर् अधस्ताद् अन्यत् । स यद् ऊर्ध्वं नाभेस् तेन ह एतत् प्रजायते यद् ब्राह्मणान् ।उपनयति यद् ।अध्यापयति यद् ।याजयति यत् साधु करोति । सर्वा अस्य एषा प्रजा भवति ।

अथ यद् अवाचीणं नाभेस् तेन ह अस्य औरसी प्रजा भवति । तस्मात्श्रोत्रियम् अनूचानम् अप्रजो असि इति न  वदन्ति ॥

तस्माद् द्वि-नामा द्वि-मुखो विप्रो द्वि-रेता द्वि-जन्मा च इति ॥
शूद्र-अपपात्र-श्रवण-संदर्शनयोश् च तावन्तं कालम् ॥
नक्तं शिवा-विरावे न अधीयीत स्वप्न-अन्तम् ॥
अहोरात्रयोश् च संध्ययोः पर्वसु च न अधीयीत ॥
न मांसम् अश्नीयान् न स्त्रियम् उपेयात् ॥
पर्वसु हि रक्षः-पिशाचा व्यभिचारवन्तो ।भवन्ति_इति विज्ञायते ॥
अन्येषु च अद्भुत-उत्पातेष्व् अहोरात्रम् अनध्यायो अन्यत्र मानसात् ॥
मानसे अपि जनन-मरणयोर् अनध्यायः ॥

अथ अप्य् उदाहरन्ति ।
हन्ति अष्टमी ह्य् उपाध्यायं हन्ति शिष्यं चतुर्दशी ।
हन्ति पञ्चदशी विद्यां तस्मात् पर्वणि वर्जयेत् ।
तस्मात् पर्वणि वर्जयेद् इति ॥


Source : बोधायन-धर्मसूत्राणि 1.11

Period of Bodhyan – 800-900 BCE

Featured photo shows [mixed]  पूर्वां लाजाहुतिं हुत्वा गोभ्यां सह आर्षः + आच्छाद्य अलंकृत्य  एषा सह धर्मश्  चर्यताम् इति प्राजाप्त्यः + श्रुत-शीले विज्ञाय ब्रह्मचारिणे अर्थिने दीयते स ब्राह्मः etc marriage.

Photo courtesy:  Smt Kuhumita Laha LLM [Advocate]

Premarital agreements

(1) SHORT TITLE.—This section may be cited as the “Uniform Premarital Agreement Act” and this section applies only to proceedings under the Florida Family Law Rules of Procedure.

(2) DEFINITIONS.—As used in this section, the term:

(a) “Premarital agreement” means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.
(b) “Property” includes, but is not limited to, an interest, present or future, legal or equitable, vested or contingent, in real or personal property, tangible or intangible, including income and earnings, both active and passive.
(3) FORMALITIES.—A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration other than the marriage itself.

(4) CONTENT.—

(a) Parties to a premarital agreement may contract with respect to:
1. The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
3. The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
4. The establishment, modification, waiver, or elimination of spousal support;
5. The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
6. The ownership rights in and disposition of the death benefit from a life insurance policy;
7. The choice of law governing the construction of the agreement; and
8. Any other matter, including their personal rights and obligations, not in violation of either the public policy of this state or a law imposing a criminal penalty.
(b) The right of a child to support may not be adversely affected by a premarital agreement.
(5) EFFECT OF MARRIAGE.—A premarital agreement becomes effective upon marriage of the parties.
(6) AMENDMENT; REVOCATION OR ABANDONMENT.—After marriage, a premarital agreement may be amended, revoked, or abandoned only by a written agreement signed by the parties. The amended agreement, revocation, or abandonment is enforceable without consideration.

(7) ENFORCEMENT.—
(a) A premarital agreement is not enforceable in an action proceeding under the Florida Family Law Rules of Procedure if the party against whom enforcement is sought proves that:
1. The party did not execute the agreement voluntarily;
2. The agreement was the product of fraud, duress, coercion, or overreaching; or
3. The agreement was unconscionable when it was executed and, before execution of the agreement, that party:
a. Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
b. Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
c. Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
(b) If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.
(c) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.

(8) ENFORCEMENT; VOID MARRIAGE.—If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

(9) LIMITATION OF ACTIONS.—Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.

(10) APPLICATION TO PROBATE CODE.—This section does not alter the construction, interpretation, or required formalities of, or the rights or obligations under, agreements between


CHAPTER 61-DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING

Florida Statute

Annulment refers only to making a voidable marriage null under section 12 of Hindu Marriage Act

Section 12 in The Hindu Marriage Act, 1955 [extract]

(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 impotency 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 was required under Section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 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 circumstance concerning the respondent; or

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

An annulment may be granted when a marriage is automatically void under the law for public policy reasons or voidable by one party when certain requisite elements of the marriage contract were not present at the time of the marriage

Legal Effects and Consequences of Muta Marriage [Temporary Marriage]

As per Ithna Asharia law :

(1) The cohabitation between the parties is lawful.

(2) The children are legitimate and have rights to inherit the properties of both the parents.

(3) But, the Muta-husband and wife have no mutual rights of inheritance.

(4) The wife is entitled to get full dower even if the husband does not cohabit for the full term and leaves the wife before the expiry of the term. But, if the wife leaves the husband, then husband has a right to deduct the amount of dower proportionate to the unexpired period of the duration.

(5) A Мutа-wife is not entitled to get any maintenance from the husband under the Shia law; but she is entitled to claim maintenance under the Criminal Procedure Code.

(6) Where consummation has not taken place, the wife need not observe any Iddat. If the Мutа-marriage terminates after consummation, the wife is required to undergo an Iddat of two monthly courses. But, where the marriage dissolves due to death of the husband, the Muta-wife is required to observe an Iddat of four months ten days. Where the Мutа-wife is pregnant, the period of Iddat extends till delivery of the child.

(7) There is no divorce in a Muta form of marriage. The marriage in this form dissolves:

(i) By death of either party, or

(ii) On the expiry of the specified period, or

(iii) The husband leaves the wife before expiry of the term.

Where a husband leaves the wife before the term, it is said that he had made a gift of the unexpired period in favour of the wife (Hiba-i-Muddat) because in that case he has to pay the full amount of dower. If wife leaves, her dower is deducted in proportion to the remaining period of the term.

(8) In a Muta form of marriage, if it is not known as to when the term expired but the cohabitation continues till the death of the husband, the proper inference would be that Muta continues throughout the life.

Similar would be the inference where the cohabitation continues after the expiry of a known period. It is submitted that in such cases a life-long Muta is to be presumed. The issues are legitimate and may inherit the properties of the parents, but husband or wife may not mutually inherit each other.


  1. MUTA: Enjoyment
  2. AGE OF PUBERTY: 15 years
  3. GIFT: Hiba

Legal consequences of breaking an engagement in India?

  1. promise to marry is  enforceable on the condition that it should be in writing
  2. Civil action could be initiated under S. 73 and 74 of the Indian Contract Act
  3. Offence of cheating could be registered under S. 415 of the Indian Penal Code.
  4. If there is sexual intercourse after Marriage engagement, it can be termed as fraud and criminally actionable. Section 496 of IPC can be used against the man.

What is nikah halala?

After a woman gets a divorce from her first husband, she marries another man.

In the second marriage, if she realises  and decides that she was better off with her first husband, she can divorce her second husband and then remarry her first husband. It is coming back to the first husband.

That is halala.

In India husbands divorce their wives and then let the women go through this horrendous process for coming back to him. It is if by mistake a Muslim man uttered triple Talaq, then he has left with no other option than to let his wife for marrying with another person and live on his mercy, that he would divorce him immediately and the first husband could get back his wife.

When a Muslim man divorces his wife, she then has to go through halala if she wants to come back to her first husband. That is the twist Indian clerics have given.

 

Conditions for a Hindu marriage

Hindu Marriage Act 1955

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 ;

(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;