The Supreme Court outlined the necessary ceremonies for a valid Hindu marriage. They’ve provided clarity on the essential rituals required to validate such unions under Hindu law. This guidance helps to ensure legal recognition and protection for couples entering into traditional Hindu marriages. The court’s directives aim to uphold the sanctity and legal validity of these sacred unions.
New Delhi: The Supreme Court recently emphasized the necessity of performing requisite ceremonies for a marriage to be recognized under the Hindu Marriage Act. Justices BV Nagarathna and Augustine George Masih stated that simply obtaining a marriage certificate does not establish a valid marriage if the necessary rituals not completed.
The justices explained,
“The court articulated that for a marriage to be valid under the Hindu Marriage Act, essential rituals and ceremonies must be conducted. Furthermore, there needs to be evidence that such ceremonies have taken place, especially when disputes arise. Merely having a certificate without the performance of these essential rites does not confer marital status under the Act. Thus, without adhering to Section 7, which mandates these ceremonies, the marriage cannot be recognized as a Hindu marriage,”
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The Court further clarified that if a Hindu marriage does not adhere to the prescribed rites and ceremonies, it cannot be legally recognized as such. This ruling reinforces the importance of traditional ceremonies in the legal validation of Hindu marriages.
The Court made these remarks while handling a petition under Article 142 of the Constitution, which grants the Supreme Court comprehensive powers to ensure justice in any case. In this instance, the Court was involved in a transfer petition that led to the quashing of divorce, maintenance, and criminal proceedings, given the marriage not validated under the Hindu Marriage Act.
The Court emphasized that a Hindu marriage is a sacred rite, not merely an occasion for celebration and entertainment. It stated,
“Hindu marriage is recognized as a samskara, a deeply significant sacrament, meriting reverence as a fundamental institution in Indian culture. We encourage young individuals to reflect earnestly on the sanctity of this institution before entering into it. Marriage should not be reduced to a spectacle of ‘song and dance’ and ‘wining and dining,’ nor should it serve as an opportunity for the coercive exchange of dowry and gifts, which could lead to legal actions. It is not a commercial deal but a solemn occasion that forms the basis of a family unit, crucial to the fabric of Indian society.”
The couple in question not conducted their marriage ceremony according to Hindu rites but had merely registered their union under Section 8 of the Act.
They had procured a “marriage certificate” from the Vadik Jankalyan Samiti and subsequently received a “Certificate of Registration of Marriage” under the 2017 Uttar Pradesh Marriage Registration Rules, officially registering their marriage under Section 8 of the Act.
The Court clarified that the absence of a valid Hindu marriage ceremony, as stipulated by Section 7 of the Act, precludes the lawful registration of the marriage under Section 8.
The Court emphasized,
“Therefore, if a certificate is issued stating that the couple had undergone marriage and if the marriage ceremony had not been performed in accordance with Section 7 of the Act, then the registration of such marriage under Section 8 would not confer any legitimacy to such a marriage.”
This ruling highlighted the legal necessity of adhering to specific religious rites to validate a marriage under the provisions of the Act.
The court emphasized that the registration of a marriage under Section 8 of the Hindu Marriage Act merely validates the completion of a legitimate marriage ceremony as described in Section 7 of the Act. The judges clarified the role of such registration in their decision, highlighting that it is not a substitute for the actual marriage rites deemed necessary under the law.
The ruling further explored the profound significance of marriage within society, noting the disturbing trend of Indian marriages being registered without conducting the requisite ceremonies mandated by the Hindu Marriage Act. The court criticized this practice, particularly pointing out how some young couples and their parents opt for marriage registration merely as a formality to facilitate visa applications for emigration, often without the intention of conducting an actual marriage ceremony immediately.
The court expressed disapproval,
“We deprecate the practice of young men and women seeking to acquire the status of being a husband and a wife to each other and therefore purportedly being married, in the absence of a valid marriage ceremony under the provisions of the Act,”
The court highlighted the sacred nature of Hindu marriages, describing them as lifelong commitments that uphold dignity, consent, and equality. These unions not only pivotal in fostering procreation and family unity but also play a crucial role in strengthening community bonds.
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The Court elaborated,
“A Hindu marriage facilitates procreation, consolidates the unit of family, and solidifies the spirit of fraternity within various communities.It is considered to be an event that confers salvation upon the individual especially when the rites and ceremonies are conducted. The customary ceremonies, with all its attendant geographical and cultural variations, is said to purify and transform the spiritual being of an individual,”
The judgment concluded by urging the youth to reflect deeply on the institution of marriage and their approach to entering into such a significant commitment.
The court emphasized that marriage should not be seen merely as an occasion for entertainment, like “song and dance” or “wining and dining,” nor should it become a platform for the unethical demands of dowry and gifts under duress, which could potentially trigger criminal actions.
The court noted,
“Marriage is not a commercial endeavor but a serious foundational ceremony that establishes a vital relationship between a man and a woman, who then assume the roles of husband and wife. This union forms the cornerstone for future family development, which is a fundamental unit of Indian society.”
Further, the court underscored the importance of adhering to the traditional rites and ceremonies specified under Section 7 of the Hindu Marriage Act, 1955, in solemnizing a Hindu marriage. These rituals are not mere formalities but are critical to the integrity and sanctity of the marital bond.
The Court further stated,
“It is essential that the solemn conditions for conducting a Hindu marriage be adhered to with diligence and reverence. This is imperative because the commencement of such a sacred process cannot be treated as a trivial matter.”
The judgment states,
“It is essential for married couples and the priests overseeing the ceremonies to ensure that the customary rites are performed sincerely and rigorously. The vows and commitments made during these ceremonies form the basis for a lifelong partnership, where each spouse pledges to remain a friend to the other forever. Such a committed approach can significantly reduce the incidents of marital discord and subsequent separations or divorces.”
The legal representation in the case included advocates Dhruv Gupta, Kumar Prashant, Aprajita Mishra, Vanya Gupta, Himanshi Shakya, Aditya Vaibhav Singh, Tarun Kumar Sobti, and Madhu Yadav on behalf of the wife, and Advocate Rukhsana Choudhury representing the husband.
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