In a significant judgement, the Supreme Court said a Hindu marriage cannot be termed conclusive in the "absence of a valid ceremony" under the Hindu Marriage Act. The court contended that a Hindu marriage is not an event for "song and dance" and "wining and dining" as it holds profound significance beyond mere festivities. Justices BV Nagarathna and Augustine George Masih underscored that a Hindu marriage is a sacred sacrament, not to be overlooked in the absence of a valid ceremony under the Hindu Marriage Act.
Here's what court observed:
This observation came during a case involving two commercial pilots seeking a divorce without a proper marriage ceremony. The court urged young individuals to reflect on the sanctity of marriage in Indian society, emphasising its status as a cherished institution. "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. A marriage is not a commercial transaction. It is a solemn foundational event celebrated so as to establish a relationship between a man and a woman who acquire the status of a husband and wife for an evolving family in future which is a basic unit of Indian society," the bench said.
The bench also termed marriage as a sacred bond that fosters lifelong commitment, dignity, equality, consent, and a healthy union between two individuals. It emphasised that Hindu marriage not only enables procreation but also strengthens family bonds and promotes communal harmony within diverse communities. "We deprecate the practice of young men and women seeking to acquire the status of being a husband and a wife to each other and therefore purportedly being married, in the absence of a valid marriage ceremony under the provisions of the (Hindu Marriage) Act such as in the instant case where the marriage between the parties was to take place later," the bench said.
Court affirms sacredness of Hindu Marriage rituals
In its April 19 order, the bench said where a Hindu marriage is not performed in accordance with the applicable rites or ceremonies such as 'saptapadi' (taking seven steps by the groom and the bride jointly before the sacred fire), the marriage will not be construed as a Hindu marriage. "We further observe that a Hindu marriage is a sacrament and has a sacred character. In the context of saptapadi in a Hindu marriage, according to Rig Veda, after completing the seventh step (saptapadi) the bridegroom says to his bride, 'With seven steps we have become friends (sakha). May I attain to friendship with thee; may I not be separated from thy friendship'. A wife is considered to be half of oneself (ardhangini) but to be accepted with an identity of her own and to be a co-equal partner in the marriage," it said.
'Marriage registration doesn't legitimize illegitimate unions'
The top court highlighted that the advantage of marriage registration is that it facilitates proof of factum of a wedding in a disputed case but if there has been no marriage in accordance with Section 7 of Hindu Marriage Act, "the registration would not confer legitimacy to the marriage". Exercising its comprehensive authority under Article 142 of the Constitution, the apex court ruled that the estranged couple's marriage was not conducted in compliance with the law. Consequently, the marriage certificate issued to them without a valid ceremony under the Hindu Marriage Act was deemed null and void. Additionally, the court dismissed their divorce proceedings and overturned a dowry case filed against the husband and his family members.
(With PTI inputs)
ALSO READ: What is Hindu Marriage Act and its relevance
