Gandharva vivaah is one of the eight classical types of Hindu marriage. This ancient marriage tradition from the Indian subcontinent was based on mutual attraction between a man and a woman, with no rituals, witnesses or family participation.
The Smritis of Hinduism recognize eight methods of marriage, one of them being Gandharva marriage. The other seven are: Brahma,Daiva, Arsa, Prajapatya, Asura, Raksasa and Paisacha.
Gandharva marriage is, an ancient Hindu literature, the method of marriage where the girl selects her own husband. They meet each other of their own accord, consensually agree to live together, and their relationship is consummated in copulation born of passion. This form of marriage did not require consent of parents and anyone else.
In 1946, the Patna High Court in Kamani Devi v. Kameshwar Singh, ILR 25 Pat 58 = (AIR 1946 Pat 316) held that the relationship of husband and wife, created by Gandharva marriage is binding. The husband, the court ruled, cannot escape his liability of maintaining his wife married in Gandharva form. The Patna High Court went further and held that the celebration of Gandharva form of marriage must be attended with nuptial rites and ceremonies including Homa (invocation before the sacred fire) and Saptapadi (the taking of seven steps by the bride-groom and the bride together) for its validity, This ruling was cited in a decision by the Supreme Court in the case of Bhaurao v. State of Maharashtra.
In a 1974 case, Judge Mukherji noted, "Gandharva form of marriage should not be regarded as concubinage or quasi-marital union, more so in the context of the modern Society and in the background of the forward thinking of the present law givers. The possibility of legal validity of this form of marriage in the whole of India in near future even without being backed by custom, is too notorious to be ignored. In a sense, Gandharva form of marriage is trying to come back very fast (in India), pushing parental domination to the background.
In modern India, particularly in urban regions, gandharva marriages are re-emerging. These self-arranged marriages in India are now called love marriages. Most of these, however, do involve some form of ceremony where friends and members of family are present.
Whatever it may be, any form of marriage performed under any personal law need to be registered for its validity as per prevailing matrimonial laws of the counrty.
You can get your marriage performed under the title of the query registerd by producing evidences before a marriage registrar within your juridiction.
