The Hindu Marriage Act, 1955’s legal requirements and significance for Hindu marriages has been clarified by the Supreme Court in a recent verdict.
The Court emphasised that certain rites and ceremonies, such saptapadi, must be followed in a Hindu marriage and that recording these ceremonies is essential in the event of a disagreement. Judges Augustine George Masih and BV Nagarathna emphasised:
“A Hindu marriage, to be legally valid, necessitates the observance of prescribed rites or ceremonies, including saptapadi if included. Proof of these ceremonies becomes imperative in case of disputes. Without the performance of requisite ceremonies, a marriage cannot be recognized under the Act, as per Section 7.”
The Court explained that although marriage registration under Section 8 makes the union easier to prove, it does not formally validate the marriage if it is not performed in accordance with Section 7, which outlines the requirements for a legally recognised Hindu wedding ceremony.
“The legitimacy granted by registration under Section 8 is nullified by the lack of a marriage ceremony as defined by Section 7. Registration confirms that a Hindu marriage is lawful, provided that the requirements of Section 7 are followed. Without the solemnization requirement of Section 7, a “Hindu marriage” cannot be established by just meeting the requirements of Section 5.
Highlighting that unregistered Hindu marriages lacking proper ceremonies are void, the Court stressed:
“The Registrar cannot register a marriage if it hasn’t followed customary practices. Thus, registration under Section 8 won’t validate a marriage without proper solemnization. A marriage certificate confirms the legality only when the marriage ceremony under Section 7 has occurred.”
The Court frowned upon casual marriages devoid of customary rituals, denoting them as detrimental to societal norms:
“We discourage expedient marriages without adhering to customs, like the present instance where parties sought registration before actual solemnization. Marriage isn’t a commercial transaction but a sacred union forming the bedrock of society.”
The Court’s observations stem from a case where a wife sought divorce proceedings’ transfer, later jointly declaring their marriage void due to unfulfilled customs.
Additionally, the Court underscored the spiritual and societal significance of Hindu marriage, urging adherence to rites and ceremonies outlined in the Act:
“Hindu marriage, a revered sacrament, isn’t a frivolous occasion but a cornerstone of family and community harmony. Marriage ceremonies must be meticulously conducted to honor this sanctity.”
Advocate Dhruv Gupta represented the petitioner during the proceedings.