Hindu Marriage Invalid Without Requisite Ceremonies, Registration Won't Make It Legitimate: SC

hindu marriage invalid without requisite ceremonies, registration won’t make it legitimate: sc

New Delhi: The Supreme Court (SC) in a judgement clarified the legal requirements and sanctity of Hindu marriages under the Hindu Marriage Act 1955. The Court emphasised that for a Hindu marriage to be valid, it must be performed with the appropriate rites and ceremonies, such as saptapadi (seven steps around the sacred fire) if included, and proof of these ceremonies is essential in case of disputes.

Justice B V Nagaratna led bench said that a Hindu Marriage is sacrament, not an event for “song-dance”, “wining-dining”.

“A Hindu marriage is a samskara and a sacrament which has to be accorded its status as an institution of great value in Indian society. Therefore, we urge young men and women to think deeply about the institution of marriage even before they enter upon it and as to how sacred the said institution is, in Indian society. Marriage is not an event for ‘song and dance’ and ‘wining and dining’ or an occasion to demand and exchange dowry and gifts by undue pressure leading to possible initiation of criminal proceedings thereafter,” the court .

It added, “A marriage is not a commercial transaction. It is a solemn foundational event celebrated so as to establish a relationship between a man and a woman who acquire the status of a husband and wife for an evolving family in future which is a basic unit of Indian society.

A bench comprising Justices BV Nagarathna and Augustine George Masih observed that while registration of a Hindu marriage under Section 8 of the Hindu Marriage Act facilitates proof of the marriage, it does not confer legitimacy if the marriage was not solemnised according to Section 7 of the Act, which specifies the requirements for a valid Hindu marriage ceremony.

“If there has been no marriage in accordance with Section 7, the registration would not confer legitimacy to the marriage. We find that the registration of Hindu marriages under the said provision is only to facilitate the proof of a Hindu marriage but for that, there has to be a Hindu marriage in accordance with Section 7 of the Act inasmuch as there must be a marriage ceremony which has taken place between the parties in accordance with the said provision. Although the parties may have complied with the requisite conditions for a valid Hindu marriage as per Section 5 of the Act in the absence of there being a “Hindu marriage” in accordance with Section 7 of the Act, i.e., solemnization of such a marriage, there would be no Hindu marriage in the eye of law.”

The Court also underscored the sacred character of Hindu marriage, calling it a sacrament and the foundation of a new family, based on mutual respect and partnership between spouses.