Hindu marriage invalid without compulsory ceremonies-Supreme Court
Registration won't make such marriage legitimate-Apex Court
Babushahi Bureau
New Delhi, May 1, 2024: In the recent ruling, the Supreme Court noted that for a Hindu marriage to be valid, it must be performed with the appropriate rites and ceremonies, such as saptapadi (seven steps around the sacred fire) if included, and proof of these ceremonies is essential in case of disputes.
As per LiveLaw, the apex court also noted that while registration of a Hindu marriage under Section 8 of the Hindu Marriage Act facilitates proof of the marriage, it does not confer legitimacy.
"Where a Hindu marriage is not performed by the applicable rites or ceremonies such as saptapadi when included, the marriage will not be construed as a Hindu marriage. In other words, for a valid marriage under the Act, the requisite ceremonies have to be performed and there must be proof of performance of the said ceremony when an issue/controversy arises. Unless the parties have undergone such ceremony, there would be no Hindu marriage according to Section 7 of the Act and a mere issuance of a certificate by an entity in the absence of the requisite ceremonies having been performed, would neither confirm any marital status to the parties nor establish a marriage under Hindu law," observed a bench comprising Justices BV Nagarathna and Augustine George Masih.