Hindu marriage not valid unless performed with requisite ceremonies: SC
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New Delhi: A Hindu marriage is not an event for “song and dance”, “wining and dining” or a commercial transaction, the Supreme Court has observed and said it cannot be recognised in the “absence of a valid ceremony” under the Hindu Marriage Act.
A bench of Justices B V Nagarathna and Augustine George Masih said a Hindu marriage is a ‘samskara’ and a sacrament which has to be accorded its status as an institution of great value in Indian society.
In its recent order passed in the matter of two trained commercial pilots, who sought a divorce decree without performing a valid Hindu marriage ceremony, the bench urged 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”.
The Court’s observation on the matter was explicit, “Where a Hindu marriage is not performed following the applicable rites or ceremonies such as saptapadi when included, the marriage will not be construed as a Hindu marriage.” This statement clarifies that adherence to traditional rituals is a fundamental aspect of recognizing a Hindu marriage under the law.
Furthermore, the Court emphasized the distinction between marriage registration and the actual solemnization of marriage ceremonies. While registration under Section 8 of the Hindu Marriage Act serves as a means of documenting the marriage, it does not confer legitimacy if the essential ceremonies under Section 7 were not duly conducted.
“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,” the Court stated unequivocally. This highlights the Court’s stance on the legal process of marriage registration and its relationship to the traditional customs that validate a marriage.
The Court’s ruling also addressed a growing concern regarding couples seeking registration without fulfilling traditional marriage customs. It underscored the sacred nature of marriage as a sacrament and urged young couples to consider its significance before formalizing their union.
“A Hindu marriage is a samskara and a sacrament which has to be accorded its status as an institution of great value in Indian society,” the Court emphasized. This statement reflects the Court’s recognition of marriage as more than a legal contract but a deeply meaningful cultural and religious institution.
Advocate Dhruv Gupta represented the petitioner in this case, which brought attention to the importance of upholding traditional marriage ceremonies as integral to the validity and sanctity of Hindu marriages under the law. The Court’s ruling reaffirmed the significance of traditional customs in establishing the legitimacy of marital bonds.