AIR 1946 PATNA 316

Patna High Court

Hon'ble Judge(s): Sinha, Ray , JJ

(A)Hindu Law - Marriage - Gandharva form - Mithila School - Gandharva marriage is not invalid - Wife married in Gandharva form is entitled to maintenance. The Gandharva form of marriage is not invalid according to the Mithila School of Hindu law. At any rate the relationship of husband and wife created by such marriage is binding against each other and the husband cannot escape his liability of maintaining the wife married in this form, whatever be the consequences upon the children born of such wedlock with regard to their right of inheritance and succession and whatever be her status in relation to her husband's agnation and cognation relations : Case law and texts reviewed.(Para 324C2) (B)Hindu Law - Marriage - Gandharva form of marriage - Incidents of. The ancient Hindu law-givers beginning with Manu downwards have all considered the Gandharva form of marriage as one of the eight forma for the Hindus of all castes, but because in the Gandharva form the bride is not given away by the father to the bridegroom contrary to the principles of patria porestas it was considered as one of the unapproved forms by some law-givers. The blame that attached according to them to this form of marriage did not, however, make the marriage void, but created....