Hindu marriage rituals integral to their validity, opines Supreme Court: 'Not just song-dance'

In a significant ruling, the Supreme Court of India has laid down the essentials for a Hindu marriage to be legal under the Hindu Marriage Act of 1955.

As per a ruling made by the top court on April 19 (Friday), a Hindu marriage must be performed with traditional rites and ceremonies, such as 'saptapadi' (seven steps around the sacred fire commonly known as 'saath phera') for it to be valid.

"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," the court said.

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Evidence of marriage

The bench said that evidence of these rituals is essential in case of any disputes.

"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."

A bench of justices B.V. Nagarathna and Augustine George Masih also observed that registration of a Hindu marriage under Section 8 of the Hindu Marriage Act facilitates proof of the marriage.

However, they said it does not confer legitimacy if the marriage was not solemnised according to Section 7 of the Act, which specifies the requirements for a valid Hindu marriage ceremony.

"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," said the court.

Hindu Marriage is sacred, not an event for 'song-dance, wining-dining'

These observations were made as India's highest court decided on a petition filed by a wife seeking transfer of divorce proceedings against her.

While the case was ongoing, the couple came to a mutual understanding, filing a joint application seeking a declaration that their marriage was invalid.

They contended that no marriage ceremony took place, as they did not observe any customs, rites, or rituals.

They also said that, due to "certain exigencies and pressures", they had to obtain a certificate of solemnisation from Vadik Jankalyan Samiti (Regd.).

Based on this, they had then sought registration under the Uttar Pradesh Registration Rule, 2017 and a "Certificate of Marriage" was issued by the Registrar of Marriages.

The top court, after noting that the marriage was not solemnised, declared that there was no valid marriage.

"A Hindu marriage is a samskara [culture] 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," said the court.

In a conversation with WION, Neha Sonawane lawyer, founder - VaakyaLegal said, "Practice of Hinduism is not uniform and the customs differ as per caste culture, etc. On the one hand, we want uniformity in marriage laws for the protection of women and, on the other hand, reducing the importance of registration is counterproductive."

Sonawane argued that marriage registration "is the only step in Hindu law which could be said to be a commonality across castes, cultures etc. Registration of marriages not only serves as a better proof of marriage but also helps in controlling child marriage, and polygamy — marriages where the person married a second time without divorcing their first partner. It's essentially a constructive noticetotheworld."

"Having said that, the judgment is absolutely correct in noting that marriage is an important step and shouldn't beenteredlightly," she concluded.

(With inputs from agencies)