News Excerpt: 

The Supreme Court observed that a Hindu marriage is a ‘samskara’ or sacrament and must be “performed with ceremonies in the proper form” to be recognised under the Hindu Marriage Act, 1955 (HMA).

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A bench of Justices underscored that the registration of a Hindu marriage only facilitates proof of the marriage but does not provide it legitimacy unless rites and ceremonies envisaged under Section 7 of the HMA such as the saptapadi (the rite where a couple walks around a fire seven times) are complied with.

The dispute:

• A Hindu woman petitioned to move divorce proceedings from Muzzafarpur, Bihar, to Ranchi, Jharkhand. 
• The couple, both commercial pilots, jointly sought to declare their marriage invalid due to the lack of customs or rites. 
• They married in Uttar Pradesh using a "marriage certificate" from Vaidik Jankalyan Samiti, a local religious organization.
• They obtained a "Certificate of Registration of Marriage" under the Uttar Pradesh Marriage Registration Rules, 2017, and registered their marriage under Section 8 of the Hindu Marriage Act (HMA).
• The woman argued before the family court that there was no valid marriage since rituals prescribed under the HMA were not adhered to and thus a divorce petition was not maintainable.
• Accordingly, the couple approached the Supreme Court with a plea to exercise its plenary powers under Article 142 of the Constitution to declare the marriage void. 
• Article 142 empowers the apex Court to do “complete justice” between the parties at times where the law or statute may not provide a remedy.

Supreme Court’s strictures:

• The Supreme Court asserted that for a Hindu marriage to be legally recognized, there must be proof of performance of the requisite rites under Section 7 of the Hindu Marriage Act, including the saptapadi (seven rounds around the sacred fire).
• The Court clarified that without these rituals, a marriage cannot be recognized under Hindu law, regardless of the issuance of any marriage certificates.
• The Court highlighted that mere registration without the observation of these rites does not confer legitimacy upon a Hindu marriage.
• The judges flagged the growing trend of couples reducing their weddings to mere "song and dance" and "wining and dining," thereby impinging upon the sanctity of the institution.
• The Court underscored that a marriage is not a commercial transaction or an event for entertainment but a solemn foundational event celebrated to establish a relationship between a man and a woman, forming the basic unit of Indian society.
• The Court deprecated the practice of young couples acquiring the “status of being a husband and a wife to each other” in the absence of a valid marriage ceremony under the provisions of the HMA. 
• “In Hindu law, marriage is a sacrament or a samskara. 
• It is the foundation for a new family.
• The Court highlighted that couples often register marriages for practical reasons like visa applications, bypassing valid wedding ceremonies. 
• It criticized such practices, questioning the legal and societal status of couples if no valid marriage ceremony occurs. 
• It also underscored the broader implications, including vulnerabilities children born outside wedlock might face.

Essentials for valid solemnisation:

• Section 7 of the HMA delineates the ceremonies and rituals crucial for the solemnisation of a Hindu marriage. Solemnisation can take place in accordance with the customary rites and ceremonies of either party.
• Sub-section (2) of Section 7 states that where such rites and ceremonies include the saptapadi, i.e., the taking of seven steps by the bridegroom and the bride jointly before the sacred fire, the marriage becomes complete and binding when the seventh step is taken.

Judicial precedents:

• This is not the first time that the apex Court has expressed concerns over the current state of matrimonial unions in the country. 
• The Bench also reflected upon how shifting societal values has put a “strain” on the institution of marriage.

• To effectively determine the standard of proof required to prove the factum of marriage when marriage is denied, the Supreme Court over the years has tried to outline the ceremonies that are indispensable to a valid Hindu marriage. 
• The Court in Lingari Obulamma v. L. Venkata Reddy (1979) affirmed that performing datta homa and saptapadi are the two ceremonies essential to constitute a valid marriage. 
• Similarly, in Laxmi Devi v. Satya Narayan & Ors (1994), the Court held that since there was no proof that “saptapadi” was performed in the second marriage, no offence of bigamy was committed.

UPSC PYQ

Q.1 Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice? (UPSC 2019)

(a) Article 19

(b) Article 21

(c) Article 25

(d) Article 29