History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v2.c26.389

v2.c26.389

In modern times two forms are in vogue, the brāhma and āsura. In the brāhma form it is a gift of the girl pure and simple; in the āsura form it is like the sale of the bride for pecuniary consideration paid to the father or other guardian for his benefit. If this element of pecuniary consideration paid to the guardian exists, its effects cannot be undone by the form of a gift being gone through.¹²²⁵ The gāndharva form is said to be obsolete now, yet in some cases before the courts it has been held that it is still in vogue.¹²²⁶ There can be no gāndharva if the girl is a minor. Further if a widow remarries, that marriage will be ordinarily regarded as gāndharva, because there will be no gift of a *kanyā* (as she is a widow) and because she herself will generally arrange such a marriage.