Supreme Court: Hindu Marriages Invalid Without Required Ceremonies

The recent order passed by a bench of Justices BV Nagarathna and Augustine George Masih states that a Hindu marriage cannot be recognized without a valid ceremony. The bench emphasized the importance of marriage as a solemn foundational event, urging young individuals to consider the sacredness of the institution before entering into it. It condemned the practice of acquiring the status of husband and wife without a valid marriage ceremony, stating that it is a deplorable act.

The bench highlighted that a Hindu marriage is a sacrament and has a sacred character, emphasizing the significance of performing the applicable rites and ceremonies such as ‘saptapadi’. It also noted that marriage is the foundation for a new family and the spouses are considered equal halves in a marriage. The bench made it clear that the Hindu Marriage Act categorically prohibits polyandry and polygamy, emphasizing the intent of the Parliament to have only one form of legally approved marriage with varied rites and customs.

Additionally, the court underlined the provision of the Special Marriage Act, 1954, which allows any man and woman, irrespective of their race, caste, or creed, to acquire the status of being a husband and wife. However, under the Hindu Marriage Act, compliance with the prescribed conditions and the solemnization of the marriage in accordance with Section 7 of the Act are necessary. Further, the court exercised its plenary powers under Article 142 of the Constitution and declared that the estranged couple were not married in accordance with the law.

It also held the marriage certificate issued to them without a valid ceremony under the Hindu Marriage Act as null and void, and quashed their divorce proceedings and a dowry case. In conclusion, the court’s order reaffirms the importance of adhering to the rituals and ceremonies prescribed by the Hindu Marriage Act for a marriage to be recognized as valid under the law.