Home  > Recent judgements>Supreme Court Upholds Traditional Significance, Invalidates Unperformed Hindu Marriage Ceremonies

 May 04 , 2024

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SUPREME COURT UPHOLDS TRADITIONAL SIGNIFICANCE, INVALIDATES UNPERFORMED HINDU MARRIAGE CEREMONIES

The Supreme Court issued a significant ruling in the case of Dolly Rani v. Manish Kumar Chanchal, clarifying the legal requirements and sacredness of Hindu marriages as per the Hindu Marriage Act 1955. The Court underscored that registration alone does not validate a marriage if it wasn’t solemnized according to prescribed customs. It condemned the practice of registering marriages without adhering to essential ceremonies, emphasizing the sacred nature of marriage as a sacrament.

BACKGROUND

The petitioner filed a First Information Report (“FIR”) against the respondent and his family members under various sections of the IPC and the Dowry Prohibition Act, 1961.

On 13th March 2023, the respondent approached the Court of Principal Judge, Family Court, Muzaffarpur, Bihar by filing a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The petitioner-wife, being aggrieved by this fact as she was currently residing in Ranchi, Jharkhand with her parents, filed the present transfer petition seeking to transfer the divorce petition to the Court of Principal Judge, Family Court, Ranchi, Jharkhand.

During the pendency of the transfer petition, the parties agreed to file a joint application under Article 142 of the Constitution of India, 1950 seeking a declaration that their marriage dated 07th July 2021 was not valid in the eyes of the law, and consequently, the marriage certificates issued were null and void. The parties admitted that no marriage was solemnized as per customs, rites, and rituals, and they obtained the certificates due to exigencies and pressures.

THE HIGH COURT’S FLAWED REASONING

The High Court’s decision in this case was particularly unclear and delayed on the part of respondent no. 1. The Court apparently did not consider the fact that the petitioner had waited for four years before filing a writ petition challenging the allotment. This delay was substantial, especially considering that respondent had been awarded the distributorship and was even offered alternate land by BPCL in the meantime. The Supreme Court’s subsequent judgment makes it clear that such a lengthy wait can be detrimental to a petitioner’s case. It highlights the importance of acting with reasonable promptness when seeking legal recourse, especially through extraordinary remedies like writ petitions.

LEGAL PROVISIONS

  1. The judgment is rooted in Section 7 of the Hindu Marriage Act 1955, describing the prerequisites for a valid Hindu marriage ceremony.
  2. Section 8 of the Act pertains to the registration of Hindu marriages, serving as evidence of marriage but not conferring legitimacy if ceremonies under Section 7 are not observed.

CEREMONIES FOR MARRIAGE UNDER HINDU MARRIAGE ACT, 1955

Section 7 of the Hindu Marriage Act, 1955 deals with the ceremonies and rituals that are essential for a Hindu marriage to be considered valid and legally binding.

A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto. Where such rites and ceremonies include the Saptapadi (that is, 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. The Saptapadi is a symbolic ritual that represents the couple’s commitment to each other and their journey together in life.

In Seema v. Ashwani Kumar (2007), the Supreme Court noted that under the Hindu Marriage Act, 1955, registration of marriages is left to the discretion of the parties, they can either solemnize the marriage before the Sub-Registrar or register it after performing the marriage ceremony according to customary beliefs.

In Priya Bala Ghosh v. Suresh Chandra Ghosh (1971), the Supreme Court ruled that it is essential that the marriage was celebrated with proper ceremonies and in due form as per law or established custom applicable to the parties.

REGISTRATION ONLY PROOF OF MARRIAGE, DOES NOT CONFER IT LEGITIMACY

The Court stated 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 if the marriage was not solemnized according to Section 7 of the Act, which specifies the requirements for a valid Hindu marriage ceremony.

SUPREME COURT DECISION

In the absence of there being a valid Hindu marriage, the Marriage Registration Officer cannot register such a marriage under the provisions of Section 8 of the Act. Therefore, if a certificate is issued stating that the couple had undergone marriage and if the marriage ceremony had not been performed in accordance with Section 7 of the Act, then the registration of such marriage under Section 8 would not confer any legitimacy to such a marriage. The registration of a marriage under Section 8 of the Act is only to confirm that the parties have undergone a valid marriage ceremony in accordance with Section 7 of the Act. In other words, a certificate of marriage is a proof of validity of Hindu marriage only when such a marriage has taken place and not in a case where there is no marriage ceremony performed at all.

OBSERVATION

  • The court observed that for a valid Hindu marriage under the Act, the requisite ceremonies have to be performed, and there must be proof of the performance of such ceremonies.
  • The court deprecated the practice of couples seeking to acquire the status of husband and wife without a valid marriage ceremony under the provisions of the Act, such as in the present case where the marriage was yet to take place.
  • The court declared that the ‘marriage’ between the parties was not a ‘Hindu marriage’ under Section 7 of the Hindu Marriage Act, 1955 and consequently, the certificates issued by the entities involved were declared null and void.
  • The court further declared that the petitioner and respondent were not married in accordance with the Hindu Marriage Act, 1955 and had never acquired the status of husband and wife.

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