Introduction
Among Hindus marriages have always been an integral part of their life. Just the way marriage is important, ceremonies also form an important part in Hindu marriages. These ceremonies are although not fixed and they differ from community to community. The SC in its recent judgement clarified the essence of ceremonies in a Hindu marriage.
Marriage is considered both a sacrament and a contract among Hindus. It has semblance of both and thus it can’t be put in one specific category. Marriage confers a status of husband and wife on the parties and also a status of legitimacy on the children of the marriage. For a valid marriage two conditions are necessary:
- Parties must have capacity to marry.
- They must undergo the necessary ceremonies and rites of the marriage.
Hindus have a vast culture. Noting this difference, the Hindu Marriage Act, 1955 has not mentioned any defined ceremonies that a couple needs to perform for a marriage to be considered valid.
Section 7 of the HINDU MARRIAGE ACT,1955 states that:
- A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.
- Where such rites and ceremonies include the Saptapadi, the marriage becomes complete and binding when the seventh step is taken.
Thus, performing ceremonies of either party makes the marriage valid. As and when the required ceremony is performed the marriage becomes complete.
Say a Sikh man and a Jain woman are getting married. It is necessary that either the Anand Karaj ceremony(a ceremony performed among the Sikh community) or the saptapadi (which is a Jain ceremony)is performed for the marriage to be considered valid.
The ceremony and rite fall under two heads: Shastric ceremony and customary ceremonies. Some shastric and customary ceremonies are enlisted below:
Shastric ceremonies
Customary ceremonies
Kanyadana
Chadar andazi
Panigrahana
Anand karaj
Vivahahoma
pat marriage
Saptapadi
Tying a vadu veeta thali
Thus, in short, for the validity of marriage, performance of requisite ceremonies and rites is essential. If shastric or customary ceremonies prevalent and recognized on the side of bride or bridegroom are performed that is enough for the validity of the marriage. if mere agreement to live together as husband and wife is the only formality required on the side of one of the parties to marriage, that will be enough for the validity of the marriage. If the shastric or customary rites and ceremonies prevalent and recognized on the side of either party are not performed the marriage will be null and void though parties might have performed many other ceremonies and rites. Thus, a marriage between a Jain and a Buddhist by performing anand karaj (a Sikh ceremony) is invalid.
Section 8 of the HINDU MARRIAGE ACT,1955 talks about Non registration of Hindu marriages. The section tells three important points:
- The parties may register their marriages with their state governments.
- The state government is responsible for making rules about the registration of marriages in their respective states.
- The validity of any marriage shall in no way be affected by the omission to make the entry of registration.
Thus, even if the ceremonies are performed but the marriage is not registered then also the marriage will be considered valid. Registration is just a mode of proof of marriage and is not an essential condition for a marriage.
In a recent ruling, the Supreme Court clarified the legal requirements and sanctity of Hindu marriages under the HINDU MARRIAGE ACT,1955 in the case of Dolly Rani vs Manish Kumar Chanchal. The court emphasized that for a Hindu marriage to be valid, it must be performed with the appropriate rites and ceremonies(whatever is valid in the community of either party) and a proof of these ceremonies is essential in case of disputes.
A bench comprising Justice BV Nagarathna and Augustine George Masih observed:
“Marriage is a samskara and a sacrament which has a status as an institution of great value in Indian society.
In its April 19 order, the bench said that where a Hindu marriage is not performed in accordance with the ceremonies and rituals such as the saptapadi, the marriage can not be considered valid until and unless the necessary ceremonies are undergone. There would be no Hindu marriage according to Section 7 of the HINDU MARRIAGE ACT, 1955 by mere issuing of a certificate by an organization if the required ceremonies have not been performed. Nor will it grant a marital status to the parties. The marriage will be termed null and void in the eyes of law.”
Registration only proof of marriage, does not confer its legitimacy
The court stated that registration of a Hindu marriage under section 8 of the Hindu Marriage Act acts only as a proof of the marriage.
it does not give legitimacy if the marriage was not solemnized in accordance with the Section 7 of the act.
CASE: Dolly Rani vs Manish Kumar Chanchal (2024)
Facts : Husband and wife were trained commercial pilots. They claimed to have solemnized their marriage on 07.07.2021 by obtaining a marriage certificate from Vadik Jankalyan Samiti (Regd.). Based on this certificate, they obtained a “Certificate of Registration of Marriage” under the Uttar Pradesh Marriage Registration Rules, 2017. The respective families of the parties fixed the date for performing the marriage ceremony as per Hindu rites and customs on 25.10.2022. During the meantime the petitioner and respondent lived separately but differences developed between them. The petitioner wife filed a decree of divorce. But since in the eyes of law there was no marriage so the parties filed a joint application seeking that the marriage and the marriage certificate be declared null and void by the honorable court.
Held : Court held that the so-called marriage dated 07.07.2021 was not valid and therefore, a declaration may be granted to that effect. Consequently, the Certificate dated 07.07.2021 issued under the Uttar Pradesh Registration Rules, 2017 and another certificate dated 07.07.2021 issued by the Vadik Jankalyan Samiti (Regd.) will be considered null and void since there being no valid Hindu marriage performed.
The court further held that marriage is considered a sacrament among Hindus. It has a sacred character. Our Vedas and shastras consider it as an essential and integral part of human life. This union in the form of marriage gives a status of husband and wife to the couple in a society. Thus, the practice of young men and women where they acquire a status of being married without actually getting married by following proper rites and rituals is deeply condemned by the court. Such was in the instant case where the marriage was to take place later. The court further emphasized that following proper ceremonies as per Section 7 of the HINDU MARRIAGE ACT,1955 is very much essential for the marriage to be called valid.
The court further stated that:
“We have come across various instances in the recent time where for ‘practical purposes’, couples decide to solemnise their marriage at a future date but register their marriage beforehand under Section 8 of the Act just on the basis of a document which might have been issued as proof of completion of their marriage (similar to what happened in the above case). But obtaining certificate by registration of a marriage before the Registrar of Marriages can not confirm that the parties have ‘solemnised’ a Hindu marriage.
The honourable court also noted that couples agree for prior registration of marriage so that they may apply for visa for foreign countries or when either party is working so that they may save time but such practices need to be reduced. The consequences of such practices can be very dangerous and thus the couples should be careful before following such practices”
Conclusion
Hence the honorable Supreme Court confirmed that ceremonies are an essential part in Hindu marriages. Any marriage performed cannot be recognized as per Section 7 of the HINDU MARRIAGE ACT,1955 unless performed with ceremonies in the proper form. The judges further reminded the young generation to think deeply about the institution of marriage before they enter into it. Thus, this order from the bench clarified the importance of ceremonies for the validity of Hindu marriages.
Author: Khushi, B.A. L.L.B. (2nd Sem), a student of Maharshi Dayanand university
