Supreme Court rules Hindu marriage invalid without necessary ceremonies

A recent judgment by a bench of Justices BV Nagarathna and Augustine George Masih stated that a Hindu marriage must involve a valid ceremony in order to be recognized under the law. The bench emphasized the importance of understanding the sacred nature of the institution of marriage in Indian society before entering into it, urging young men and women to consider its significance deeply. The bench expressed disapproval of the commercialization and pressure associated with marriage, emphasizing that it should not be treated as a mere event for celebration, but rather as a solemn and foundational union between a man and a woman. It also highlighted that a Hindu marriage should be performed in accordance with the prescribed rites and ceremonies, such as ‘saptapadi’, for it to be considered valid.

The judgment specifically emphasized the sacred character of a Hindu marriage, referring to it as a sacrament or ‘samskara’ that forms the foundation of a new family. It also emphasized the equal status of spouses in a marriage and the legal validation of monogamy under the Hindu Marriage Act. The bench noted that the Act applies not only to Hindus, but also to other communities like Lingayats, Brahmos, Aryasamajists, Buddhists, Jains, and Sikhs, and highlighted the necessity of undergoing the prescribed ceremony for a marriage to be recognized under Hindu law. The judgment clarified the significance of marriage registration and outlined the requirements and conditions for a valid marriage under the Hindu Marriage Act.

It also pointed out that the registration alone does not confer legitimacy to a marriage if the necessary ceremonies have not been performed. The judgment addressed the differences between the Hindu Marriage Act and the Special Marriage Act, emphasizing that under the latter, individuals irrespective of their race, caste, or creed can acquire the status of being a husband and wife, while compliance with specific conditions is required under the Hindu Marriage Act. Lastly, the bench exercised its plenary powers under Article 142 of the Constitution to declare the marriage of an estranged couple null and void, as it was not in accordance with the law. It also quashed their divorce proceedings and a dowry case lodged against the husband and his family members.