Supreme Court ruling on Hindu marriage

Context

The Supreme Court of India has clarified that a Hindu marriage is not valid unless it is performed with the requisite ceremonies. In an order dated April 19, the court emphasised that a Hindu marriage is a sacrament and should be accorded its status as an institution of great value in Indian society. 

Key Points

• Sacred Institution: The court stressed especially on the pre-marriage period and invited young couples to think why and what kind of marriage they would be willing to finally commit. They claim it is the most significant social custom that is part of our Indian Society culture.
• Not an Event for Song and Dance: Court reminded that marriage under Hindu law is not meant for “songs and dances” but exchange of dowry and gifts is in gross breach of the promise of “proper” marriage. Make certain that it is revered as a sacred, historical site.
• Solemnization Requirements: The Hindu Marriage Act, 1955 sets out in S. 5 how the marriage between two parties must be solemnised by due ceremonies and forms. Unless this ceremonial is observed, no valid marital action can be considered “solemnised”. 
• Seven Steps (Saptapadi): The court made emphasis on this climax, where the couple takes seven steps around a sacred pyre that highlights the pinnacle of Hindu marriage ceremonies. She married him fully and totally after the seventh attestation step was completed.

Hindu Marriage as a Sacrament

• For a Hindu marriage means a ‘samskara’ and a sacrament that should be considered no less than an institution of immense significance within Indian society.
• The Supreme Court has extorted the individuals who are between youth age to think critically, one should be before getting in the legal responsibility of marriage.

Invalidation of Marriage

• More clarification has come from the court of the highest court of the land where it said that a Hindu marriage needed the use of all the legal formalities and rites for it to be valid.
• The judge has warned the youth that if they got married with no ceremonial marriage procedure, they will not be recognized as equal with those who have ceased to be a youth, went through a formal ceremony, and consequently became adults.

Importance of Ceremonies

• The Supreme Court highlighted the royal Hindu’s wedding ritual in its verdict.
• The tribunal has noted that the event is not an empty ritual, but an essential element of a wedding.
• The court, further, held that the ceremonies are the best avenue to the outside community for proclaiming the marriage thus looking at the couple as a legal unit.

Registration of Marriage

• The Supreme Court likewise stated that the registrations of a Hindu marriage, far from just a mere formality, is a matter of importance in the process of marriage.
• The court has explicitly held that marriage registration is a public announcement of the marriage and that the couple receive the court’s verdict on their marital status.

Conclusion

In conclusion, the Supreme Court has ruled that a Hindu marriage is not valid unless it is performed with the requisite ceremonies. The court has emphasised the importance of ceremonies in a Hindu marriage and has said that the registration of marriage is an essential step in the process of marriage. The court has also deprecated the practice of young men and women seeking to acquire the status of being a husband and a wife without a valid marriage ceremony.

Source: The Hindu

UPSC Mains Practice Question

Q. Discuss the significance and implications of the recent Supreme Court ruling declaring Hindu marriage invalid unless performed with requisite ceremonies. Analyze the legal reasoning behind this ruling and its potential impact on Hindu marriage practices in India. Evaluate the implications of this ruling on issues such as marital rights, inheritance, and societal norms.

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