Why did the Supreme Court hold that Hindu marriages are not valid unless ceremonies are performed? MC Explains

Why did the Supreme Court hold that Hindu marriages are not valid unless ceremonies are performed? MC Explains

In a recent order, the Supreme Court held that a Hindu marriage is not valid unless the ceremonies prescribed under the Hindu Marriage Act, 1955 are performed.

The court said, “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.”

According to the judgment, the ceremonies under the Act purify and transform the spiritual being of an individual, thus both the priest and the couple should ensure the sincere conduct of these ceremonies and rites.  The judgment said, “The Hindu Marriage Act, 1955 solemnly acknowledges both the material and spiritual aspects of this event in the married couple’s lives.”

Incidentally, this order was passed in divorce proceedings, with the case taking certain interesting turns for the court to ultimately pass such a judgment, which is likely to have a bearing on divorce proceedings going forward.

Moneycontrol explains what the case was about, why such an order came to be passed and what the Hindu Marriage Act says about ceremonies.

What was the case about?

A couple was undergoing separation, and the woman filed a plea in the Supreme Court to transfer the divorce proceedings from Bihar to Jharkhand. Both were trained commercial pilots, who were engaged to be married in March 2021. They claimed to have ‘solemnised’ their marriage in July 2021 after obtaining a “marriage certificate” from Vadik Jankalyan Samiti (Regd.). Based on this certificate, they obtained a “Certificate of Registration of Marriage” under the Uttar Pradesh Marriage Registration Rules, 2017.

However, after filing the transfer plea, the couple filed a joint application asking the apex court to exercise its inherent powers under Article 142 of the Constitution of India to declare the marriage certificates issued to them as void. The application essentially asked the court to declare the certificates as void as there was no marriage under the Hindu marriage laws in the first place as no customary ceremonies were performed. Article 142 deals with the enforcement of decrees and orders of the apex court to do “complete justice” in any matter pending before it.

While granting the requisite orders to the couple, the court decided to make observations in the interest of justice.

What are the marriage laws in India?

In India, personal laws depend on the religion a person follows. For instance, the marriage of Hindus, Christians and Parsis is governed by the Hindu Marriage Act, the Indian Christian Marriage Act, and the Parsi Marriage Act, respectively. Muslims follow the Muslim Personal Law (Shariat) Application Act, 1937. The Hindu Marriage Act also covers religions such as the Lingayats, Brahmos, Aryasamajists, Buddhists, Jains and Sikhs.

In the same way, other aspects of one’s personal life such as divorce, inheritance, and adoption are governed by laws such as the Hindu Succession Act, the Indian Succession Act and the Hindu Adoption and Maintenance Act.

However, there were no laws governing inter-faith marriages, nor were there any laws granting legal sanctity to civil marriages (marriage conducted by a government official). Thus, the Special Marriage Act (SMA) was introduced in 1954 to govern civil marriages between Indian nationals — in India and abroad — regardless of religion.

Court’s observations on ceremonies under the Hindu Marriage Act

Section 7 of the Hindu Marriage Act says, “A Hindu marriage may be solemnised in accordance with the customary rites and ceremonies of either party thereto.” The court observed that the word ‘solemnised’ has been used to mean that unless the ceremonies are performed, the marriage is not considered to be solemnised or valid.

Section 7(2) states that when in case the ceremony includes ‘saptapadi’ (where bride and groom jointly take seven steps) the marriage is said to be solemnised on the completion of the seventh step. Section 8 of the law deals with the registration of Hindu marriages and issuance of certificates, with states empowered to make rules relating to the issuance of certificates. However, a couple wishing to get their marriage registered must show proof of having been married. These proofs, such as photographs and certificate, need to establish that both parties are Hindu and that the marriage was done in accordance with the law. In this case, the couple obtained a certificate from Vadik Jankalyan Samiti, stating that the marriage had been performed.

Thus the court said, “Where a Hindu marriage is not performed in accordance with the applicable rites or ceremonies such as saptapadi when included, the marriage will not be construed as a Hindu marriage.” The court further held that the mere issuance of a certificate in the absence of such ceremonies would neither confirm any marital status to the parties nor establish a marriage under Hindu law.

According to the judgment, even if a certificate is issued stating that the couple had undergone marriage it would not give legitimacy to the marriage unless the customary ceremonies are performed. “The registration of a marriage under Section 8 of the Act is only to confirm that the parties have undergone a valid marriage ceremony in accordance with Section 7 of the Act,” the judgment said.

Discussing the meaning of these Vedic ceremonies, the judgment said “With the passage of centuries and the enactment of the Act, monogamy is the only legally approved form of relationship between a husband and a wife. The Act has categorically discarded polyandry and polygamy and all other such types of relationship.” The bench thus noted that a marriage between two Hindus is recognised only if it is compliant with the Act.

Noting that marriage is sacred as it provides a lifelong, dignity-affirming, equal, consensual and healthy union of two individuals, the court said a Hindu marriage facilitates procreation, consolidates the unit of family and solidifies the spirit of fraternity within various communities. “A Hindu marriage is a samskara and a sacrament which has to be accorded its status as an institution 15 of great value in Indian society,” the judgment read.

The court also deprecated the practice among youngsters of the day seeking to get a marriage certificate without having gone through the ceremony. The court said, “In recent years, we have come across several instances where for “practical purposes”, a man and a woman with the intention of solemnisation of their marriage at a future date seek to register their marriage under Section 8 of the Act.” Any certificate in the absence of the ceremonies will not be valid.