A Hindu marriage must be performed with the customary rites and ceremonies prescribed under the Hindu Marriage Act else it will be declared invalid even if it has been registered, the Supreme Court said.

A bench comprising Justice BV Nagarathna and Augustine George Masih also observed that a Hindu marriage is a sacred process and not a “song and dance” and “wining and dining” event.

Marriage is not valid if…

The apex court said Section 7 of the Hindu Marriage Act 1955 mentions that “ceremonies of a Hindu marriage” which have to be complied with for validity of the marriage and if not done, then the marriage is not deemed valid in the eye of the law.

As per Section 7, a Hindu marriage may be solemnised in accordance with the customary rites and ceremonies of either party thereto.

‘Marriage won’t be construed as a Hindu marriage if…’

“Where a Hindu marriage is not performed in accordance with the applicable rites or ceremonies such as saptapadi (seven steps around the sacred fire) when included, the marriage will not be construed as a Hindu marriage. In other words, for a valid marriage under the Act, the requisite ceremonies have to be performed and there must be proof of performance of the said ceremony when an issue/controversy arise. Unless the parties have undergone such ceremony, there would be no Hindu marriage according to Section 7 of the Act and a mere issuance of a certificate by an entity in the absence of the requisite ceremonies having been performed, would neither confirm any marital status to the parties nor establish a marriage under Hindu law,” the SC.

‘Marriage is not a commercial transaction’

The court said, “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.”

“A 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. 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,” the top court said.

A marriage is sacred

“A Hindu marriage facilitates procreation, consolidates the unit of family and solidifies the spirit of fraternity within various communities. After all, a marriage is sacred for it provides a lifelong, dignity-affirming, equal, consensual and healthy union of two individuals. 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 court said.

Registration only proof of marriage

The court further said though 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., solemnisation of such a marriage, there would be no Hindu marriage in the eye of law.”

Case the SC was hearing

These observations were made by the Supreme Court while hearing a petition filed by a wife seeking transfer of divorce proceedings against her. During the penancy of the case, the husband and wife agreed to file a joint application for a declaration that their marriage was not valid.

They stated that there was no “marriage” solemnised by them as no customs, rites and rituals performed. However, due to “certain exigencies and pressures”, they were constrained to obtain a certificate of solemnisation from Vadik Jankalyan Samiti (Regd.) and on the basis of that certificate they sought registration under the Uttar Pradesh Registration Rule, 2017 and a “Certificate of Marriage” was issued by the Registrar of Marriages.

After noting that no marriage was solemnised, the court declared that there was no valid marriage.

With inputs from LiveLaw

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Hindu marriage not just ‘song & dance’ and ‘wining, dining’ but a sacred process: SC