Hindu Marriage Without Performance Of Essential Ceremonies Like Saptapadi Is Void Despite Registration Certificate: Gujarat High Court

The Gujarat High Court has held that under Hindu Marriage Act, a marriage is only considered valid if the essential rites and ceremonies including Saptapadi (seven steps) are performed by the couple, adding that registration of the marriage does not by itself make a marriage valid if the essential ceremonies have not been performed. [2026 LiveLaw (Guj) 180]

The court was hearing a man's appeal challenging a family court order which rejected his application under Hindu Marriage Act seeking a declaration that the alleged marriage between the parties is null and void.

The Family Court had held that the existence of a registered marriage certificate raised a presumption of valid marriage and therefore the matter required a full trial. 

A division bench of Justice Ilesh J Vora and Justice RT Vachhani in its order said:

"Under Hindu law, a marriage is valid only if the essential rites and ceremonies required by law are performed. The respondent herself has admitted that no such rites and ceremonies were performed. Therefore, when the person who seeks to rely upon and obtain the benefit of the marriage certificate has admitted on record that no marriage was ever solemnized, the presumption arising from the registration of the marriage stands rebutted. In such circumstances, directing the parties to undergo a full-fledged trial would serve no useful purpose"

The court referred to Section 7 of the Hindu Marriage Act which deals with the ceremonies required for a Hindu marriage. It said that Section 7(1) provides that a Hindu marriage may be solemnized according to the customary rites and ceremonies followed by either party.

"Sub-section (2) further provides that where such rites and ceremonies include Saptapadi, the marriage becomes complete and legally binding only when the seventh step is taken. The word “solemnized” used in Section 7 means that the marriage must be performed in the proper manner and with the required ceremonies. Unless the marriage is performed with the necessary customary rites and ceremonies, it cannot be treated as a marriage that has been solemnized under the Act. In the absence of such solemnization, there is no valid Hindu marriage in the eyes of law," the court held. 

The court further observed that the alleged wife had herself filed a written statement before the Family Court in which she clearly and unequivocally admitted that no marriage rites or ceremonies were performed between the parties and that no lawful marriage was solemnized between them. She had  also admitted that the parties do not share the relationship of husband and wife.

This admission is clear, direct, and unambiguous, and it goes to the very foundation of the dispute, the court held. It said that when the alleged wife has herself admitted on record that the essential marriage ceremonies were never performed, the basic legal requirement for a valid Hindu marriage under Section 7 stands completely disproved. 

With respect to existence of registration certificate the court held that purpose of registration under Section 8 is only to provide evidence and proof of a marriage that has already been validly solemnized in accordance with Section 7 of the Act.

It however observed that registration under Section 8 does not, by itself, make a marriage valid or legal if the essential ceremonies required under Section 7 have not been performed.

"In other words, a Hindu marriage can be validly registered only if a marriage has first been solemnized in accordance with Section 7. If no such marriage has actually taken place, any registration made or certificate issued will have no legal effect and will not create the legal status of husband and wife between the parties," the court emphasized. 

It also observed that in the context of Saptapadi in a Hindu marriage, the Rig Veda states that after the seventh step is completed, the bridegroom says to the bride: “With seven steps we have become friends (sakha). May I attain friendship with you and may I never be separated from that friendship.” It said that under Hindu tradition, a wife is regarded as one-half of her husband (ardhangini), while at the same time she is recognized as an individual with her own identity and as an equal partner in the marriage. 

Urging men and women to carefully consider marriage before entering into it the court said:

"Under Hindu Law, marriage is considered a sacrament or samskara. It forms the foundation of a new family.  We further observe that a Hindu marriage is a samskara and a sacrament, and it must be given its due status as an institution of great importance in Indian society. We therefore urge young men and women to carefully consider the institution of marriage before entering into it and to understand the sacred nature of this institution in Indian society.

Marriage is not merely an occasion for 'song and dance' or 'wining and dining'. Marriage is not a commercial transaction. It is a solemn and foundational event through which a man and a woman enter into a relationship as husband and wife for the purpose of building a family in the future, which is the basic unit of Indian society. A Hindu marriage facilitates procreation, strengthens the family unit, and promotes the spirit of fraternity among different communities. Above all, marriage is sacred because it creates a lifelong, dignified, equal, consensual, and healthy union between 2 individuals". 

It further said that the customary ceremonies, despite their geographical and cultural variations, are believed to purify and transform the spiritual being of an individual. 

Finding that when the very foundation of a Hindu marriage, namely the performance of the essential ceremonies, is admittedly absent in the present case, the spiritual, social, and legal status that Hindu law grants to marriage as a sacrament and samskara never came into existence, the court held. 

It said that the relationship between the parties never acquired the legal status of husband and wife and any document or registration that purports to certify such a non-existent marriage cannot confer upon the parties a status that can arise only from a validly solemnized Hindu marriage. 

It also noted the man's contention that he was residing in the United Kingdom and was never informed about the alleged marriage, and that there has been no cohabitation between the parties at any point of time. 

The court set aside the family court's order and held that the alleged marriage between the parties is declared as null and void ab initio. 

Case title:X v/s Y

R/FIRST APPEAL NO. 429 of 2026

Click Here To Read/Download Order

Citation: 2026 LiveLaw (Guj) 180