Hindu Marriage A 'Samskara' & A Sacrament; Not An Event For 'Song & Dance', 'Wining & Dining' Or Commercial Transaction: Supreme Court

The Supreme Court emphasized that Hindu Marriage is a sacred institution and should not be trivialized as a mere social event for "song and dance" and "wining and dining". It urged young individuals to deeply consider the sanctity of marriage before committing to it. Marriage should not be approached as an occasion for extravagance or as a means to demand dowry or gifts, but as a solemn occasion that establishes a lifelong union between a man and a woman, forming the foundation of a family, which is a fundamental unit of Indian society.A bench comprising Justices BV Nagarathna and Augustine George Masih observed :"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."Court deprecates marriages of convenience for "practical purposes" without following customsThe Court also criticized the practice of couples attempting to gain marital status without conducting a valid marriage ceremony. It stressed that marriage is not a transaction but a sacred commitment between two individuals. The court advised young couples to reflect on the significance of marriage before entering into it, as it establishes a profound relationship that should not be taken lightly.Additionally, the court noted instances where couples registered their marriage under Section 8 of the Hindu Marriage Act for practical reasons, such as visa applications, without actually solemnizing the marriage. It cautioned against such practices, emphasizing that registration alone does not validate a marriage. The court urged against trivializing the institution of marriage, as failing to solemnize a marriage could lead to legal and social consequences regarding the marital status of the parties involved."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 on the basis of a document which may have been issued as proof of 'solemnisation of their marriage' such as in the instant case. As we have already noted, any such registration of a marriage before the Registrar of Marriages and a certificate being issued thereafter would not confirm that the parties have 'solemnised' a Hindu marriage. We note that parents of young couples agree for registration of a marriage in order to apply for Visa for emigration to foreign countries where either of the parties may be working “in order to save time” and pending formalising a marriage ceremony. Such practices have to be deprecated. What would be the consequence, if no such marriage is solemnised at all at a future date? What would be the status of the parties then? Are they husband and wife in law and do they acquire such status in society?"Marriage ceremonies must be assiduously followed"The Hindu Marriage Act, 1955 solemnly acknowledges both the material and spiritual aspects of this event in the married couple's lives. Besides providing a mechanism for registration of marriages in order to confer the status of a married couple and acknowledge rights in personam and rights in rem, a special place is given to rites and ceremonies in the Act. It follows that the critical conditions for the solemnizing of a Hindu marriage should be assiduously, strictly and religiously followed. This is for the reason that the genesis of a sacred process cannot be a trivial affair. The sincere conduct of and participation in the customary rites and ceremonies under Section 7 of the Hindu Marriage Act, 1955 ought to be ensured by all married couples and priests who preside over the ceremony."The Court's remarks came during a hearing on a petition filed by a wife seeking the transfer of divorce proceedings. While the case was ongoing, the husband and wife agreed to jointly apply for a declaration that their marriage was not valid. They claimed that they had not solemnized any marriage as they did not perform any customs, rites, or rituals. However, they were compelled by certain circumstances and pressures to obtain a certificate of solemnization from Vadik Jankalyan Samiti (Regd.). They used this certificate to register their marriage under the Uttar Pradesh Registration Rule, 2017, and received a "Certificate of Marriage"...

Hindu Marriage A 'Samskara' & A Sacrament; Not An Event For 'Song & Dance', 'Wining & Dining' Or Commercial Transaction: Supreme Court

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