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.
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.
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.
The Court made these observations while hearing deciding 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” solemnized 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.