The Supreme Court has given an important decision regarding marriages. The Supreme Court said that Hindu marriage is a ‘last rites’. It cannot be recognized under the Hindu Marriage Act, 1955 unless it is performed with proper formalities and ceremonies. Marriage certificate alone is not sufficient for a valid marriage under the Hindu Marriage Act. It is a ritual that has been given prime status in Indian society. The bench of Justice Biwi Nagarathana and Justice Augustine George Masih gave an important order in this regard on April 19. The bench appealed to the young men and women to think deeply about marital customs before marriage and also to think about how sacred these customs are in Indian society.
The Supreme Court was hearing a woman’s petition. This is a divorce petition seeking transfer from a court in Muzaffarpur, Bihar, to a court in Ranchi, Jharkhand. During the pendency of the petition, the woman and her former partner decided to settle the dispute by filing a joint application under Article 142 of the Constitution. Both are trained commercial pilots. The couple got engaged on March 7, 2021, and claimed that their marriage was ‘consummated’ on July 7, 2021.
not a hindu marriage
She also received a ‘Marriage Certificate’ from the Vedic Jankalyan Samiti. On the basis of this certificate, she obtained the marriage certificate under the Uttar Pradesh Marriage Registration Rules, 2017. Their families fixed the wedding ceremony date as October 25, 2022 as per Hindu customs. During this time they lived separately but differences arose between them and the matter reached the court.
The bench said that a Hindu marriage which is not performed as per the prescribed rules such as rituals, cremation and seven rounds will not be considered as a Hindu marriage. In other words, the necessary formalities must be completed to solemnize a valid marriage under the Act. There should be a certificate of execution of the ceremony in case any issue/dispute arises. Unless both the parties perform such ceremony, no Hindu marriage shall be considered as per Section 7 of the Act.
In the absence of prescribed formalities and formalities, issuance of certificate by any institution will not confirm marital status. The court invalidated the certificate issued by the Vedic Jankalyan Samiti as proof of ‘Hindu marriage’ and the ‘marriage certificate’ issued under the Uttar Pradesh Registration Rules, 2017. The bench said that if no marriage has taken place as per Section 7, then even the registered marriage will not be recognized.
The bench further said that marriage does not mean any commercial transaction. It is a sacred ceremony, which is performed to establish the union between a man and a woman. In this the boy and girl acquire the status of husband and wife for the future family, which is a basic unit of Indian society. Hindu marriage facilitates childbearing and strengthens the family unit. It strengthens the feeling of brotherhood among different communities.
The bench said that marriage is sacred because it provides a lifelong, respectable, equal, consensual and perfect union between two persons. It is considered an event that grants salvation to the individual, especially when cremation and rituals are performed. Considering the provisions of the Hindu Marriage Act, the bench said that unless the marriage is performed with proper ceremonies and customs, it cannot be called ‘Sanskrit’ as per Section 7(1) of the Act .
The court further said that sub-section (2) of Section 7 states that Saptapadi is included in such rites and ceremonies. That means the bride and groom are required to take seven rounds in front of the sacred fire. During this, the marriage is completed after taking the seventh step. In such a situation, the necessary formalities in Hindu marriage ceremonies should be performed as per the applicable customs, in which Saptapadi should be adopted by the young couple after the marriage. Take those seven rounds.
