While registering a Hindu Marriage under Section 8 of the Hindu Marriage Act makes it easier to prove the marriage, the Bench made up of Justices BV Nagarathna and Augustine George Masih noted that this does not grant legitimacy if the marriage was not solemnized following Section 7 of the Act.
Section 7 of the act outlines the prerequisites for a legally binding Hindu marriage ceremony. In a ruling, the Supreme Court (SC) elaborated upon the legal prerequisites and the sacredness of Hindu matrimonial unions as stipulated by the Hindu Marriage Act, 1955.
Court’s Ruling
The Court stressed that the proper rites and ceremonies, including the saptapadi (seven steps around the sacred fire), must be followed for a Hindu marriage to be deemed genuine. In the event of a disagreement, documentation of all the ceremonies is very significant in every Hindu wedding.
Hindu marriages are sacraments and samskaras, and as such, Indian society must recognize them as important institutions. Thus, we implore young men and women to consider marriage carefully before getting married and to consider how important marriage is in Indian culture.
Court’s Observations
Justice B V Nagaratna declared that a Hindu marriage is a sacrament rather than a “song-dance” and “winning-dining” event.
The court stated that marriage is not an opportunity to demand and exchange dowry and presents under pressure or coercion that could result in the opening of criminal proceedings later.
A marriage is not a commercial transition. It further continued that it is a serious foundational event that is celebrated as being a connection between a man and a woman who will later become husband and wife for a family that will grow throughout time and become the fundamental unit of Indian society.
Sections in Hindu Marriage
While registering a Hindu marriage under Section 8 of the Hindu Marriage Act makes it easier to prove the union, a bench made up of Justices BV Nagarathna and Augustine George Masih noted that this does not grant legitimacy if the marriage was not performed as per Section 7 of the Act, which outlines the prerequisites for a legally binding Hindu marriage ceremony.
The marriage would not be given legal status by the registration if there had not been a marriage by Section 7. The Court emphasized the sacredness of Hindu marriage as well, referring to it as a sacrament and the foundation of a new family built on respect and cooperation between partners.
Court’s Explanations
The Court discovered that the registration of Hindu weddings under the aforesaid provision serves solely to make it easier to prove that a Hindu marriage has happened, under Section 7 of the Act.
If Section 7 does not approve a “Hindu marriage,” that is, the solemnization of a marriage, then there would be no Hindu marriage in the eyes of the law, even if the parties may have fulfilled the requirements for a valid Hindu marriage as per Section 5 of the Act.
