The Aryavarth Express
Agency (New Delhi): The Supreme Court of India recently made a significant statement concerning Hindu marriages, emphasizing that these are not mere social or commercial events but sacred institutions, and must be performed with specific ceremonies to be legally recognized. Justices B V Nagarathna and Augustine George Masih, in a decision involving two commercial pilots seeking a divorce without a valid marriage ceremony, stressed the sacred nature of Hindu marriage as a ‘samskara’, deeply entrenched in Indian culture.
The court criticized the casual approach to marriage, which often focuses on festivities rather than the solemn commitment it signifies. It highlighted that a valid Hindu marriage requires adherence to traditional rites, notably the ‘saptapadi’ or the taking of seven steps together before a sacred fire, symbolizing the binding of the couple in a lifelong partnership of equality and respect.
The judgment also touched upon the legal implications of failing to perform these ceremonies. Without such rites, marriages do not meet the standards set under the Hindu Marriage Act and thus cannot be deemed valid. This clarification came in the wake of the court observing the misuse of marriage as a label for relationships lacking this ceremonial foundation.
Furthermore, the court pointed out the broader applicability of the Hindu Marriage Act, which includes communities like Lingayats, Brahmos, Aryasamajists, Buddhists, Jains, and Sikhs. It underscored that while the registration of a marriage can serve as proof in disputes, it cannot confer legitimacy on a union that lacks the foundational ceremonies prescribed by law.
This ruling also highlighted the contrast with the Special Marriage Act of 1954, which allows individuals of any faith, race, or creed to marry with legal recognition, emphasizing the unique requirements under the Hindu Marriage Act for ceremonies that solidify the marital bond.
The Supreme Court used its comprehensive powers under Article 142 of the Constitution to deem the marriage of the involved couple invalid due to the absence of these rites, simultaneously dismissing associated divorce and dowry proceedings. This decision reaffirms the intrinsic value and legal requirements of traditional Hindu marriage ceremonies in modern Indian society.
