Hindu Marriages Invalid Without Essential Ceremonies, Rules SC

In a landmark ruling, the Supreme Court has declared that a Hindu marriage cannot be considered conclusive in the absence of a valid ceremony under the Hindu Marriage Act. The court emphasized that a Hindu marriage is a solemn sacrament of profound significance, transcending mere festivities. Justices BV Nagarathna and Augustine George Masih stressed that a Hindu marriage is a sacred union, not to be disregarded without a valid ceremony as per the Act.

This pronouncement was made during a case involving two commercial pilots seeking divorce without a proper marriage ceremony. The court urged young individuals to contemplate the sanctity of marriage in Indian society, highlighting its revered status as an institution. The bench remarked, "A marriage is not an event for 'song and dance' and 'wining and dining,' or an occasion for demanding and exchanging dowry and gifts under undue pressure, potentially leading to criminal proceedings thereafter. Marriage is not a commercial transaction; it is a solemn foundational event that establishes a relationship between a man and a woman, who acquire the status of husband and wife, forming the basis of an evolving family, which is the fundamental unit of Indian society."

Furthermore, the bench described marriage as a sacred bond that entails lifelong commitment, dignity, equality, consent, and a healthy union between two individuals. It emphasized that Hindu marriage not only facilitates procreation but also strengthens family bonds and promotes communal harmony among diverse communities. The bench deprecated the practice of young individuals attempting to assume the status of husband and wife without a valid marriage ceremony under the Hindu Marriage Act, such as in the instant case where the marriage between the parties was to occur later.

In its order dated April 19, the bench stated that if a Hindu marriage is not conducted in accordance with the applicable rites or ceremonies, such as 'saptapadi' (taking seven steps by the groom and bride jointly before the sacred fire), it will not be recognized as a Hindu marriage. The court emphasized that a Hindu marriage is a sacrament with a sacred character. Referring to the Rig Veda, the bench explained that after completing the seventh step (saptapadi), the groom says to the bride, 'With seven steps, we have become friends (sakha). May I attain friendship with you; may I not be separated from your friendship.' The wife is considered to be half of oneself (ardhangini), accepted with her own identity and as a co-equal partner in the marriage.

The Supreme Court said that while marriage registration facilitates proof of a wedding in a disputed case, it does not legitimise unions that were not conducted in accordance with Section 7 of the Hindu Marriage Act. In the case at hand, the court exercised its authority under Article 142 of the Constitution to rule 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. Also the court dismissed their divorce proceedings and overturned a dowry case filed against the husband and his family members.