Hindu Marriage Performed Without Traditional Rites And Rituals Is Void: Supreme Court

The Supreme Court has given an important decision regarding marriage. In its verdict, the apex Court that Hindu marriage is a sacrament, which has the status of a sacred institution in Indian society. This is not an event of dancing and singing.

The Supreme Court said that a Hindu marriage is void if the required ceremonies have not been performed and registration does not render such marriage valid. In its decision, the Court has clarified the legal requirements and sanctity of Hindu marriage under the Hindu Marriage Act 1955.

The court said, a marriage performed without traditional rites or rituals like Saptapadi will not be considered a Hindu marriage. In other words, the rituals required for a valid marriage under the Act have to be followed. Failure to do so will not constitute a Hindu marriage as per Section 7 of the Act. The court said, registration of marriage under Section 8 of the Hindu Marriage Act facilitates proof of marriage, but it does not give validity to it unless it is solemnized in accordance with Section 7 of the Marriage Act.

The court said marriage is not an occasion for singing, dancing, drinking and eating, nor an occasion for demanding and exchanging dowry and gifts by undue pressure after which criminal proceedings can be initiated in any case. Marriage is not a commercial transaction, it is an important event of the Indian society which is celebrated to establish the relationship between a man and a woman who have the status of husband and wife for making a family in future.

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