Registration Of Hindu Marriage Not Valid If Rituals Are Not Followed:-SC

In an order passed on the April 19th Justices B V Nagarathna and Augustine George Masih, urged young couple to understand the importance and sacrament of marriages in the Indian society before they decide to get married.

Facts of the Case

• The couple got engaged on March 7th, 2021, claiming that they officially married on the day July 7, 2021. A "marriage certificate" was obtained from the Vaidik Jankalyan Samiti, after which they got a "Certificate of Registration of Marriage" as per the Uttar Pradesh Marriage Registration Rules, 2017. The families of the couple planned a Hindu marriage ceremony on October 25, 2022. However, even though the couple lived separately, they still faced problems which led to legal disputes.
• In the present case, the woman applied to move her divorce petition from the  Muzaffarpur Court in Bihar, to a Ranchi Court in the state of Jharkhand. 
• However, while the case was pending, the husband and wife agreed to file a joint application for a declaration that their marriage was not valid.

The Supreme Court Emphasised the Sacredness of Hindu Marriage

• Emphasising the importance of the Hindu marriage, the Supreme Court stated that the marriage is a 'samskar' or sacrament. The Court held that for a marriage to be recognised under the under the Hindu Marriage Act of 1955, it must be performed with the proper ceremonies.
• The Apex Court further highlighted that a Hindu marriage holds significant value in the Indian society and urged the young couples to properly understand the importance of the marriage before getting married. It was stressed by the Court that a marriage is not merely about celebrations or exchanging gifts; but it is a sacred institution which should be treated with respect.
• The court further cautioned against using a marriage as an excuse for lavish events or to demand dowry, warning that such actions will lead to legal consequences.
• Highlighting the sacred nature of Hindu marriages, the Supreme Court  emphasised that marriage is not a business deal but a significant event forming the foundation of a family. Marriage must be seen as a crucial bond between a man and a woman, which marks the beginning of a family unit in the Indian society, which is a union leading to procreation, strengthening the family ties, as well as  promoting unity amongst the communities.
• Highlighting another important provision of the Hindu marriage law. The Supreme Court mentioning the Section 7 of the Hindu Marriage Act observed that a  marriage should follow specific rituals and customs to be recognised as valid. One such specific ritual is the 'saptapadi,' where the couple takes seven steps together in front of the sacred fire, after the final step the marriage becomes legally binding.
• The Supreme Court observed that as per Section 7 of the Act, a Hindu marriage shall only be recognized if proper ceremonies are performed. And merely  obtaining a marriage certificate without having such ceremonies performed won’t  establish marital status according to the Hindu law.
• Also, the Apex Court observed that the certificate of marriage shall be valid only  if a proper marriage ceremony actually took place. In case no ceremony has been performed, the certificate could not prove the existence of a marriage.
• One has the option of having the marriage registered under the Special Marriage Act, where it is not necessary to perform the marital rituals as per the customs of the parties. However, in order to have the marriage registered under the Hindu Marriage Act, it is important to perform the marriage as per the customs of the parties. 

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