Hindu marriages are invalid if traditional rites are not performed: SC

Hindu marriages are invalid if traditional rites are not performed: SC

The Supreme Court has clarified the legal requirements for Hindu marriages, emphasising the importance of traditional ceremonies. The Court distinguishes between marriage registration and actual solemnization, stating that the latter is essential for a marriage's legality.

India TodayNE
  • May 01, 2024,
  • Updated May 01, 2024, 9:26 AM IST

    The Supreme Court has clarified the legal requirements and sanctity of Hindu marriages under the Hindu Marriage Act 1955. The Court's decision underscores the importance of adhering to traditional ceremonies for a marriage to be considered legally valid.

    The bench, comprising Justices BV Nagarathna and Augustine George Masih, highlighted that a Hindu marriage must be solemnized with the appropriate rites and ceremonies, such as the saptapadi or seven steps around the sacred fire if included. These ceremonies are crucial components that establish the validity of the marriage, especially in cases of disputes or legal challenges.

    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.

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