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fighter (Software professional)     01 November 2014

Duties of Husdband and wife(hma 1955)

Section 7 of HMA 1955

Ceremonies for a Hindu marriage. —

(1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.
(2) Where such rites and ceremonies include the saptpadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken. State Amendments Section 7A Pondicherry: After section 7, insert the following section, namely:—
(2) (a) Notwithstanding anything contained in section 7, but subject to the other provisions of this Act, all marriages to which the section applies solemnised after the commencement of the Hindu Marriage (Madras Amendment) Act, 1967, shall be good and valid in law.
 
As word saptpadi is mentioned in HMA 1955.The meaning of saptpadi(seven phere or steps around agni) is well described in in hindu religious book.THese meaning described the duties of Husband and wife.
As i am not lawyer.So expert please give opinion on this.
The meaning of each phera as per religious books are as follows.
These seven vows are known as Saptadi, which are performed along with Mangalpheras, which is revolving around the sacred fire. Any marriage is incomplete without these vows and is deemed complete once they are conducted. On the day of the wedding the bride and the groom sit under the Mandap or the scared canopy for this ritual. The bride is seated towards left of the groom before the pheras, while towards the right after they are complete.

The Seven Vows: 

Groom: 
You will offer me food and be helpful in every way. I will cherish you and provide welfare and happiness for you and our children. 
Bride:
I am responsible for the home and all household responsibilities. 

Groom: 
Together we will protect our house and children.
Bride:
I will be by your side as your courage and strength. I will rejoice in your happiness. In return, you will love me solely. 

Groom: 
May we grow wealthy and prosperous and strive for the education of our children. May our children live long. 
Bride: 
I will love you solely for the rest of my life, as you are my husband. Every other man in my life will be secondary. I vow to remain chaste. 

Groom:
You have brought sacredness into my life, and have completed me. May we be blessed with noble and obedient children.
Bride:
I will shower you with joy, from head to toe. I will strive to please you in every way I can. 

Groom: You are my best friend, and staunchest well-wisher. You have come into my life, enriching it. God bless you. 
Bride: 
I promise to love and cherish you for as long as I live. Your happiness is my happiness, and your sorrow is my sorrow. I will trust and honor you, and will strive to fulfill all your wishes.

Groom:
May you be filled with joy and peace. 
Bride: 
I will always be by your side.

Groom:
We are now husband and wife, and are one. You are mine and I am yours for eternity. 
Bride: 
As God is witness, I am now your wife. We will love, honor and cherish each other forever.


 

So if Husband and wife not doing as per above one can take divorce on making ground that saptpadi is not followed by one spouse.

What expert says on this.



 4 Replies

fighter (Software professional)     01 November 2014

fighter (Software professional)     01 November 2014

Another one with dohas:

Vows (pratidnya) of the bride

The bride takes the following consecutive seven vows, one at each step.

  • 1. त्‍वत्तो मेऽखिलसौभाग्‍यं पुण्‍यैस्‍त्‍वं विविधै: कृतै: । देव ! संपादितो मह्यं वधूराद्ये पदेऽब्रवीत्‌ ।।Meaning: O Lord! I have had the good fortune of acquiring you due to the various types of merits acquired by me in various births.
  • 2. कुटुंबं पालयिष्‍यामि ह्यावृद्धबालकादिकम्‌ । यथालब्‍धेन संतुष्‍ठा व्रते कन्‍या व्दितीयके ।।Meaning: I will look after your entire family, from the infant to the aged and will be happy with whatever I get for my sustenance.
  • 3. मिष्‍ठान्नव्‍यंजनादिनी काले संपादये तव । आज्ञासंपादिनी नित्‍यं तृतीये साऽब्रवीव्दरम्‌ ।।Meaning: I will always abide by your directives and will regularly cook delicious food, vegetables, etc.
  • 4. शुचि: शृंगारभूषाऽहं वाङ्‌मन: कायकर्मभि: । क्रीडि ष्‍यामि त्‍वया सार्धं तुरीये सा वदेव्दरम्‌ ।।Meaning: I will embellish myself with clean attire and will indulge in s*xual play with you through acts with the mind, speech and body.
  • 5. दु:खे धीरा सुखे हृष्‍टा सुखदु:खविभागिनी । नाहं परतरं यामि पंचमे साऽब्रवीव्दरम्‌ ।।Meaning: I who face sorrow bravely and remain pleased in happiness will share both your happiness and sorrow and will never indulge in adultery.
  • 6. सुखेन सर्वकर्माणि करिष्‍यामि गृहे तव । सेवा श्वसुरयोश्चामि बन्‍धूनां सत्‍कृतिं तथा ।। यत्र त्‍वं वा अहं तत्र नाहं वञ्‍चे प्रियं क्‍वचित्‌ । नाहं प्रियेण वञ्‍चा हि कन्‍या षष्‍ठे पदेऽब्रवीत्‌ ।।Meaning: I will happily perform all your household chores. I will also serve my in-laws and will respect other relatives. I will stay wherever you stay. I will never deceive my beloved (master) and will never get deceived by him.
  • 7. होमयज्ञादिकार्येषु भवामि च सहाय्‍यकृत्‌ । धर्मार्थकामकार्येषु मनोवृत्तानुसारिणी ।। सर्वेऽत्र साक्षिणस्‍त्‍वं मे पतिर्भूतोऽसि सांप्रतम्‌ । देहो मयार्पितस्‍तुभ्‍यं सप्‍तमे साऽब्रवीव्दरम्‌ ।।Meaning: O master! I will assist you in the rituals of sacrificial fires (hom-yadnya), etc. and will obey you with regard to Righteousness (Dharma), wealth (artha) and desire (kama). Here, in the presence of the deity of fire (Agnidev), the Brahmans, my parents and relatives you have become my master and I have offered my body unto you.

    Vows (pratidnya) of the groom

    The meaning of the mantra to be chanted by the groom with each step is as follows

    • 1. ‘इष एकपदी भव-सामामनुव्रताभव-पुत्रान्‍विदावहैबहूंस्‍तेसंतुजरदष्‍टय: ।।Meaning:O bride, you have walked one step with me, so we have become friends; hence you be my provider of food. Help me to fulfill my vowed religious observances (vrats). May we have many sons and may they have a long life.
    • 2. उर्जेव्‍दिपदीभव-सामामनु० ।। (The rest should be chanted like the mantra at number 1 and the same should be repeated when each mantrais chanted.)Meaning: O bride, you have walked two steps with me; hence may you become one who will give me strength.
    • 3. रायस्‍पोषायत्रिपदी भव० ।। (Rest as No.1.)Meaning: O bride, since you have walked three steps with me, may you become one who will increase my wealth.
    • 4. मायोभव्‍यायचतुष्‍पदी भव० ।। (Rest as No.1.)Meaning: Since you have walked four steps with me may you increase my happiness.
    • 5. प्रजाभ्‍य: पंच‍पदी भव० ।। (Rest as No.1.)Meaning: Since you have walked five steps with me, may you give birth to children.
    • 6. ऋतुभ्‍य:षट्‌ पदी भव० ।। (Rest as No.1.)Meaning: Since you have walked six steps with me may you give me pleasure in all seasons.
    • 7. सखासप्‍तपदीभव० ।। (Rest as No.1.)Meaning:You have walked seven steps with me, hence our friendship (relationship) has become strong.

Saurabh..V (Law Consultant)     01 November 2014

@Author

 

You have posted a valid question but with mingled thoughts about duties & rights of husband and wife.

 

I had written a short article about rights & duties. Just go through and you would find how the law infers customs in India and how the rights can be waived off if duties are not obeyed.

 

Though it still remains a question of debate and varies on case-to-case basis. However general connotation is shown in the article.

 

--

Regards

Saurabh

help@lawforumindia.com

www.lawforumindia.com

Sudhir Kumar (Retd Govt Officer)     02 November 2014

You have described a part of वैदिक  विवाह पद्धति.  But the Vedic Vihar and Hindu Vivah are different.

It is better you may read section7 of Hindu Marraige Act:-

 

 

7. Ceremonies for a Hindu marriage.-

(1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.

(2) Where such rites and ceremonies include the saptpadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.

 

Please enlighten yourself that :-


(i) In Punjabi Hindus generally there are only 4 fera as there are 4 vedas. In mopst of cases the Punjabi Pandas are adamant on this. No Saptapadi.

(ii) In Sikh marraige (which ever region/language/state) there is no pheras of sacred fire the feras are of sacred Granth. No saptapadi.


(iii) similarly there is no saptapadi in Jain/Buddhist marriage.

(iv) in certain communities there is no phera or saptapadi in widow re-marriage. Chanderandeji custom is followed.

(v) In Arya Samaj there is no Navagrah Pooja.

(v) Customary law in certain regions provide for Polyandry bothe Hindu/Buddhist)


There are countlesss deviation.  But all these marriages are binding under Hindu Marriage Act.


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