Hindu Marriage Invalid If Requisite Ceremonies Not Performed, Registration Won't Make Such A Marriage Legitimate : Supreme Court

In a recent ruling, the Supreme Court clarified the legal requirements and sanctity of Hindu marriages under the Hindu Marriage Act 1955. The Court emphasized that for a Hindu marriage to be valid, it must be performed with the appropriate rites and ceremonies, such as saptapadi (seven steps around the sacred fire) if included, and proof of these ceremonies is essential in case of disputes.A bench comprising Justices BV Nagarathna and Augustine George Masih observed :"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. 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."Registration only proof of marriage, doees not confer it legitimacy The Court stated that while 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 solemnized 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., solemnization of such a marriage, there would be no Hindu marriage in the eye of law."There cannot be no registration of a Hindu marriage if it has not been performed as per the customThe Court added :"In the absence of there being a valid Hindu marriage, the Marriage Registration Officer cannot register such a marriage under the provisions of Section 8 of the Act. 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. 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. In other words, a certificate of marriage is a proof of validity of Hindu marriage only when such a marriage has taken place and not in a case where there is no marriage ceremony performed at all."Court deprecates marriages of convenience for "practical purposes" without following customs The Court underscored the sacred character of Hindu marriage, calling it a sacrament and the foundation of a new family, based on mutual respect and partnership between spouses. "In the absence of any solemnisation of a marriage as per the provisions of the Act, a man and a woman cannot acquire the status of being a husband and a wife to each other. In the above context, 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 such as in the instant case where the marriage between the parties was to take place later."The Court criticized the practice of couples seeking to acquire the status of husband and wife without a valid marriage ceremony and emphasized the importance of marriage as a sacred institution in Indian society. The Court urged young couples to consider the significance of marriage before entering into it, emphasizing that marriage is not a commercial transaction but a solemn event that establishes a relationship between two individuals."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...

Hindu Marriage Invalid If Requisite Ceremonies Not Performed, Registration Won't Make Such A Marriage Legitimate : Supreme Court

LIVELAW NEWS NETWORK

Tags