Hindu Marriage Is Invalid Without 7 Pheras: Supreme Court 91-8877001993

In India, the institution of marriage derives its strength and power from religious, cultural, and traditional practices. Hindus see marriage as a spiritual connection between two souls and not as a mere social agreement. The Supreme Court of India reasserted the importance of an age-old custom: if the seven pheras or rounds (saptapadi) around the sacred fire have not been completed, the Hindu marriage is not complete. This judgement has highlighted the place of religious custom in Hindu marriages. 

What is the Case?

In the case of Dolly Rani vs Manish Kumar Chanchal, the petitioner's request to transfer her divorce case from the Muzaffarpur court in Bihar to the law court in Ranchi, Jharkhand was being heard. Both the woman and her ex-partner, qualified commercial pilots, agreed to join hands to come to an amicable resolution to their differences and submitted a petition under Article 142 of the Indian Constitution while the petition was still pending.

Observation by the Supreme Court

• The judgment reiterated what was previously held by the Supreme Court, saying that young men and women ought not to merely be concerned with the issue of dissolution; rather, they should think deeply about marriage itself even before they engage in the ceremony-its significance and value in Indian society.
• The court pointed out the importance of the saptapadi ceremony in carrying out Hindu marriages, with it signifying the couple becoming friends and equal partners in marriage. The court also pointed out that marriage provides a base for a new family and ought to be handled with respect and dignity.
• Besides, the court clarified that monogamy under the Hindu Marriage Act is the only mode of legal marriage; polyandry and polygamy are forbidden. The difference between marriage under the Hindu Marriage Act and marriage under the Special Marriage Act is such that, under the latter, partners of any race, caste, or religion can marry.

Judgment of the Supreme Court

Supreme Court clarified the requirements of a Hindu marriage under the Hindu Marriage Act. The court held that a Hindu marriage would not be recognized in the absence of a valid ceremony, be it Saptapadi or something else, in which the couple takes seven steps around the sacred fire. The court emphasized that a Hindu marriage is 'Samskara' and a sacrament; thus, a Hindu marriage should always be treated as an institution of great value in Indian society.

The Supreme Court ruling reiterates the sanctity of Hindu marriage and highlights the need to perform a valid ceremony in accordance with the law. The ruling serves as a reminder that marriage is a serious occasion and must be chosen with proper respect and reverence.

Conclusion

Validating marriage among Hindus means performing the 7 pheras as decreed by the Supreme Court. The efforts taken by the court to base its verdict on legal provisions while affording reliance on culture imbue the saptapadi with a special role in the performance of Hindu marriage vows. However, the ruling permits renewal of discussions on the blending of ritual, law, and modernization as these manifest in India's vibrant cultural landscape.

While society invariably transforms, the challenge is to reconcile the workings of tradition against contemporary ideals residing within them. The 7 pheras shall remain eternal markers of faith and sanctity of marriage in Hindu tradition.

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