Parental Consent.—The Hindu law vests the girl absolutely in her parents and guardians, by whom the contract of her marriage is made, and her consent or absence of consent is not material. The consent of the parents is required for the marriage of minors—that is, persons under fifteen years of age. The parties authorized to give or withhold such consent are the father, the paternal grandfather, the brother, a sakulya or kinsman in succession.
The want of parental consent, or the consent of the person standing in loco parentis, does not invalidate a marriage otherwise legally contracted.
Impediments.—Disqualifications or impediments are absolute or relative. A disqualification which renders a party incompetent to marry any person is absolute, while one which simply renders a party incompetent to a particular person is termed relative.
A woman with a husband living is absolutely disqualified from contracting a new marriage.
Idiots and lunatics are disqualified for civil purposes only, although the Hindu law permits a wife to desert or disobey an insane husband.
Deaf and dumb persons, or those afflicted with incurable or loathsome diseases, are competent to marry, but cannot insist upon conjugal rights. Among the three highest castes (the twice-born) impotency is not an impediment to marriage, but for those of the lowest caste (Sudras) it is a disqualification.
A twice-born husband who was impotent was for centuries permitted to appoint a kinsman to beget issue by his wife, but this is now forbidden.
The female must be younger than her husband and of the same caste.
A girl whose elder sister is unmarried, or a man whose elder brother is unmarried, is not eligible for marriage.
Marriage Ceremonies.—Ceremonies of some sort, religious or secular, are requisite to the concluding of a valid marriage. The ceremony may be that of “walking seven steps” or merely the exchange of a garland of flowers. The question as to whether or not a marriage is ceremonially complete depends largely upon what ceremonies are customary among the parties concerned.