Supreme Court: Hindu Marriage Not Valid Without Required Ceremonies

The bench of Justices BV Nagarathna and Augustine George Masih recently passed an order in the matter of two trained commercial pilots seeking a divorce decree without performing a valid Hindu marriage ceremony. They emphasized that a Hindu marriage is a ‘samskara’ and a sacrament which holds great value in Indian society and should be accorded the status of an institution. The bench urged young men and women to consider the sacredness of marriage before entering into it. The bench criticized the practice of seeking the status of being married without a valid ceremony under the provisions of the Hindu Marriage Act.

They highlighted that marriage is not a commercial transaction but a solemn foundational event establishing a relationship between a man and a woman in Indian society. The bench stressed the sacred character of a Hindu marriage and the importance of conducting the marriage in accordance with the applicable rites and ceremonies, such as ‘saptapadi’. They clarified that a marriage not performed in accordance with these rites and ceremonies would not be construed as a Hindu marriage. The bench also noted that in Hindu Law, marriage is considered a sacrament and forms the foundation for a new family.

They emphasized the equal partnership between spouses in a marriage and highlighted the legal approval of monogamy in the Hindu Marriage Act. The bench pointed out that the Act has codified the law relating to marriage among Hindus, as well as other religious groups such as Lingayats, Brahmos, Aryasamajists, Buddhists, Jains, and Sikhs who can enter into a valid Hindu marriage. They emphasized the requirement for the parties to undergo the necessary ceremony for a marriage to be considered valid under the Hindu Marriage Act. The top court declared the estranged couple were not married in accordance with the law, nullified the marriage certificate issued to them, and quashed their divorce proceedings.

They also highlighted the significance of marriage registration for proving the factum of wedding in a disputed case. The bench discussed the provisions of the Special Marriage Act, which allows any man and woman, irrespective of their race, caste, or creed, to acquire the status of being a husband and a wife. However, they emphasized that for a marriage under the Hindu Marriage Act to be valid, there must be compliance with the conditions prescribed under the Act and the marriage must be solemnized in accordance with its provisions.