Introduction–
Marriage is a bond between two people that represents dedication, love, a partnership, as well as the formation of a family. But its importance goes much beyond a simple interpersonal relationship; it has legal, social, economic, and religious aspects that differ according on the society and circumstances. Marrying confers upon a couple certain legal rights and obligations, such as the right of property and making ownership decisions. Moreover, marriage offers stability and security to both partners and their future kids by creating a framework for social acceptance and respect of the partnership. marriage is also deeply rooted in cultural and religious traditions, shaping societal norms and expectations. It is a proclamation of love and support for one another, offering a foundation for creating a future together and conquering challenges in life.
Hindu marriage ceremonies include rites like the circling of the holy fire (Agni), the tying of the sacred thread (Mangalsutra), and the exchange of vows (Saptapadi), all of which stand for the couple’s devotion to one another. Its sanctity is further enhanced by the fact that marriage is regarded in other religions as a holy ceremony that was established by divine authority.
Supreme courts recent judgement –
The Supreme Court recently consisting of the bench Justices BV Nagarathna and Augustine George Masih in the case of Dolly Rani v. Manish Kumar Chanchal set forth the essential requirements for a valid hindu marriage under the hindu marriage act 1955. while it stated that without saptadi – taking 7 circles around the holy fire (Agni) and following the esstianals according to the rituals the marriage shall be declared invalid. it further put weight on statement stating “hindu marriage is a Samsakara and a sacarment and should be treated as an institution of great value in the Indian society.
In response to a case involving two trained commercial pilots who attempted to get a divorce decree without conducting a legally recognized Hindu marriage ceremony, the court rendered its decision. The bench reminded young men and women that marriage is not a event for “song and dance,” “wining and dining,” or a commercial deal, and advised them to think carefully about the sanctity of marriage before getting married.
In the absence of a legally recognized marriage ceremony under the conditions of the (Hindu Marriage) Act, as in the present case where the parties’ marriage was to take place later, the bench stated “that it is deplorable for young men and women to seek the status of husband and wife to each other and thereby pretended to be married”
The bench also stated In recent years, we have come across several instances where for “practical purposes”, a man and a woman with the intention of solemnisation of their marriage at a future date seek to register their marriage under Section 8 of the Act on the basis of a document which may have been issued as proof of ‘solemnisation of their marriage’ such as in the instant case. As we have already noted, any such registration of a marriage before the Registrar of Marriages and a certificate being issued thereafter would not confirm that the parties have ‘solemnised’ a Hindu marriage. We note that parents of young couples agree for registration of a marriage in order to apply for Visa for emigration to foreign countries where either of the parties may be working “in order to save time” and pending formalising a marriage ceremony. Such practices have to be deprecated.
The bench also emphasized that while marriage registration benefits in proving the legality of a marriage in a contentious situation, “the registration would not confer legitimacy to the marriage” if there hasn’t been a marriage in line with Section 7 of the Hindu Marriage Act 1955.
Essential conditions for hindu marriage to be valid according to the hindu marriage act,1955.
The Hindu Marriage Act, 1955, is a significant piece of legislation in India that governs the legal aspects of marriage among Hindus. It applies to Hindus, Buddhists, Jains, and Sikhs. The Act encompasses various essential provisions related to the conditions of marriage, registration, divorce, maintenance, and more. Here are the key essentials and sections of the Hindu Marriage Act, 1955:
The Hindu Marriage Act, 1955 is a pivotal legislation in India that regulates marriages among Hindus, Buddhists, Jains, and Sikhs. The Act imposes specific conditions for the validity of a marriage under Section 5, mandating monogamy, sound mental health of both parties consenting to the union, and a minimum age requirement of 21 years for the bridegroom and 18 years for the bride. Additionally, the Act prohibits marriages within certain degrees of relationships unless permitted by customs or usages governing the parties, and restricts marriages between sapindas, again subject to customary permissions.
Section 7 of the Act delineates the ceremonies of marriage, recognizing the customary rites and rituals integral to Hindu traditions. It allows for the solemnization of marriage in accordance with the customs and practices followed by either party, often involving significant rituals such as the saptapadi, where the bride and groom take seven steps together before a sacred fire.
This legal framework ensures that marriages within the specified religious communities adhere to prescribed conditions and ceremonies, thereby establishing the validity and legality of such unions under Indian law. The provisions of the Hindu Marriage Act, 1955 thus play a crucial role in defining and protecting marital relationships within these religious denominations in the country.
Importance of Saptapadi in Hindu Marriages
Saptapadi, also known as the “seven steps” or “seven vows,” is a critical element in Hindu weddings. The ritual involves the bride and groom taking seven steps around the sacred fire (Agni), with each step representing a specific vow that the couple makes to each other. Here are the traditional vows associated with each step:
- First Step: For nourishment and sustenance.
- The couple vows to provide for each other’s food and welfare.
- Second Step: For strength.
- They vow to develop physical, mental, and spiritual strength.
- Third Step: For prosperity.
- They promise to work together to acquire wealth and prosperity.
- Fourth Step: For happiness.
- The couple vows to share their joys and sorrows.
- Fifth Step: For progeny.
- They vow to raise children with love and care, ensuring their education and well-being.
- Sixth Step: For health.
- They promise to take care of each other’s health.
- Seventh Step: For lifelong friendship and loyalty.
- The couple vows to remain true companions, standing by each other in all circumstances.
By legally recognizing these practices, particularly the Saptapadi, the Act ensures that the cultural and religious values associated with marriage are upheld, providing a framework that is both inclusive and respectful of the diverse customs within Hindu society.
Registration of marriage
In a recent judicial decision, the Supreme Court of India addressed crucial aspects of marriage under the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954. The Court emphasized the voluntary registration of Hindu marriages as per Section 8 of the Hindu Marriage Act, highlighting that while non-registration does not invalidate a marriage, registration serves as conclusive proof thereof.
Furthermore, the Court clarified that the Special Marriage Act, 1954 applies to individuals of any religion, caste, or creed, enabling them to marry without constraints related to their background. In contrast, marriages under the Hindu Marriage Act, 1955 necessitate compliance with Section 5 for eligibility and Section 7 for solemnization.
The Supreme Court invoked its plenary powers under Article 142 of the Indian Constitution in a specific case where a couple, married under the Hindu Marriage Act but lacking a legal ceremony, sought divorce. The Court ruled their marriage void due to non-compliance with statutory requirements, thereby annulling their divorce proceedings and associated legal actions, including a dowry complaint against the spouse and their family members.
This ruling underscores the significance of adherence to statutory provisions governing marriages under Indian law, ensuring legal validity and protection for marital relationships across different personal and religious backgrounds.
Confronting the Challenges–
While marriage still remains extremely sacred under the hindu law, it is never too late to understand the that society is not dynamic and hence its very important to move ahead with the recent times while understanding the modern circumstances. The ruling’s failure to take into consideration the variety of Hinduism’s customs and traditions is one of its main criticisms. Many castes, locations, and cultures celebrate Hindu marriages in different ways, many of which do not involve the Saptapadi rite.
In South India, for instance, the emphasis might be on tying the mangalsutra (thali) rather than Saptapadi. Or where Many communities, such as Lingayats, Arya Samajists, sikhs and others, follow their unique marriage rituals this judgment comes in contrary to the law of the land.
2. Legal and Social Disruptions-
Retroactive Invalidations: Marriages that were solemnized years or even decades ago might be questioned, leading to legal battles over marital status, inheritance, and legitimacy of children.
Social Stigma: Couples whose marriages are suddenly deemed invalid may face social stigma and personal turmoil, particularly in conservative communities where marriage is a cornerstone of social identity.
3. Increased Bureaucratic and Judicial Burden
Criticism:
Enforcing the Saptapadi ceremony as a mandatory requirement could burden the judicial system with a flood of cases disputing the validity of marriages.Implications:
- Court Congestion: Family courts may become overwhelmed with cases challenging the validity of marriages, adding to the already heavy caseload of the judiciary.
- Administrative Complications: Authorities responsible for marriage registrations might face challenges in verifying whether the requisite ceremonies were properly conducted, leading to bureaucratic delays and potential corruption.
4. Impact on Interfaith and Intercaste Marriages
Criticism:
The judgment might negatively affect interfaith and intercaste marriages, which are often conducted with simplified or adapted rituals to accommodate different traditions.
- Marriage Validity:This judgement might render the marriage vows of interfaith couples who chose a civil ceremony or streamlined ceremonies to honor both religious backgrounds null and void.
- Discouraging Marriages: The additional legal scrutiny and potential invalidation of such marriages could discourage interfaith and intercaste unions, counteracting progressive social movements toward inclusivity and equality.
5.Gender Implications
Criticism:
The ruling could disproportionately impact women, who might be more vulnerable to the social and legal repercussions of an invalid marriage.
Implications:
- Women’s Rights: Women could face challenges in claiming spousal rights, maintenance, and property in the absence of a legally recognized marriage.
- Custody Battles: In cases of separation or divorce, women might encounter difficulties in securing custody of children and proving their legitimacy.
6. Disruption in Modern Marriages
In contemporary society, where destination weddings and personalized ceremonies are common, many couples might choose non-traditional formats that do not include Saptapadi. This ruling could disrupt the lives of modern couples who have legally registered their marriages but opted for a different ceremonial structure.
1. Conflict with Foreign Marriage Laws
Scenario:
Many NRIs get married in foreign countries where the local legal requirements for marriage do not include specific Hindu rituals like Saptapadi. Instead, they might follow civil marriage procedures.
Implications:
- Legal Validity: The marriage might be legally valid in the country of residence but considered invalid in India due to the lack of Saptapadi. This can create dual legal statuses, leading to complex legal challenges if the couple returns to India or needs to deal with Indian legal systems.
- Recognition Issues: Issues might arise in terms of recognition of marital status for property rights, inheritance, and other legal matters in India.
2. Difficulty in Proving Ceremonial Compliance
Scenario:
NRIs who marry abroad might find it difficult to prove that the Saptapadi ceremony was performed according to Indian customs, especially if they opted for a simplified or adapted ceremony suitable to their location.
Implications:
- Documentation Challenges: Without proper documentation or witnesses familiar with Hindu customs, proving the performance of Saptapadi in a foreign land can be problematic.
- Legal Disputes: In cases of divorce or inheritance disputes, one party might challenge the validity of the marriage, leading to prolonged legal battles.
3. Impact on Interfaith and Multicultural Marriages
Scenario:
NRIs often engage in interfaith or multicultural marriages, blending different customs and potentially omitting traditional Hindu rituals like Saptapadi.
Implications:
- Invalidation of Marriage: Such marriages might be invalidated under Indian law, despite being legally recognized in the country of residence.
- Social and Legal Consequences: Couples may face significant social and legal consequences, including issues with marital status, children’s legitimacy, and spousal rights in India.
4. Challenges in Registration of Marriage in India
Scenario:
NRIs who get married abroad and later seek to register their marriage in India might face challenges if their marriage did not include the Saptapadi ceremony.
Implications:
- Registration Issues: Indian authorities might refuse to register the marriage, causing issues with obtaining legal documentation, such as passports and visas for family members.
- Administrative Hurdles: The couple might face administrative hurdles and delays, impacting their ability to travel or reside in India together.
5. Impact on Legal Proceedings in India
Scenario:
In cases where NRI couples are involved in legal proceedings in India, such as divorce or custody battles, the validity of their marriage might be challenged based on the absence of the Saptapadi ceremony.
Implications:
- Uncertainty in Legal Outcomes: Legal proceedings might be prolonged and complicated due to questions about the marriage’s validity.
- Disadvantages for One Spouse: One spouse might exploit the situation to gain an unfair advantage in legal proceedings, such as denying maintenance or property rights.
Conclusion
While the Supreme Court’s judgment seeks to preserve the sanctity of Hindu marriage rituals, its strict interpretation of the Saptapadi ceremony as a mandatory requirement raises numerous criticisms and potential issues. The ruling could undermine diverse cultural practices within Hinduism, create legal and social disruptions, burden the judiciary, impact interfaith and intercaste marriages, and disproportionately affect women and marginalized communities. Moving forward, a more inclusive approach that respects the plurality of Hindu marriage traditions might be necessary to avoid the potentially disastrous consequences of this judgment.
Authored by-
Shatakshi Mathur who’s an advocate in the Supreme Court of India & Riya Raj who’s an advocate with a background in journalism.