ಈ ಸಂಪ್ರದಾಯವಿಲ್ಲದ ವಿವಾಹ ನೋಂದಣಿ ಆಗಿದ್ದರು ಹಿಂದೂ ವಿವಾಹವೆಂದು ಪರಿಗಣಿಸಲಾಗದು - ಸುಪ್ರೀಂಕೋರ್ಟ್‌

the Supreme Court ruled that a Hindu marriage is not valid 'unless performed with ceremonies in proper form'. This was despite the couple in question having an official marriage certificate
Supreme Court ruled that a Hindu marriage is not valid ‘unless performed with ceremonies in proper form’. This was despite the couple in question having an official marriage certificate. Here is why.
Supreme Court last week ruled that despite an official marriage certificate, a Hindu couple before the Court had “never acquired the status of husband and wife.”
The reason: the couple’s marriage was registered under the Hindu Marriage Act, 1955 (HMA) even before they performed the wedding rituals. The SC ruled that the couple who had filed divorce cases need not get a divorce because they were never married in the first place.
The apex court’s observations in the ruling bring to focus various issues on registration and solemnization of a marriage, and its necessity.
What is a solemnized marriage?
Solemnizing a marriage simply refers to the performance of an official marriage ceremony, with appropriate rituals.
Marriage in India is largely governed through a gamut of personal laws, and the Special Marriage Act, 1954 (SMA). Though codified through statute, these personal laws are essentially practices ordained by religion, with each religion having its own set of ‘requirements’ for a marriage - a marriage is ‘valid’ when these requirements are met.
For instance, for Hindus (and Christians), marriage is a sacrament, i.e. it is a religious bond. Rituals such as kanyadaan, panigrahana and saptapadi, or other local customs solemnize a Hindu marriage. Section 7 of the HMA codifies these requirements, and names saptapadi as an essential ritual.
‘valid’ marriage as per rituals might be key in determining who is a rightful spouse when there are claims by multiple cohabiting partners. These aspects become crucial in bigamy trials, inheritance suits. In a bigamy case, a man has to prove that one of his marriages is not valid to not be charged for marrying twice. In an inheritance case, the validity of a marriage is questioned to disinherit a spouse. Proof of performing a valid marriage as per rituals (through photos, witnesses etc.); proof of long cohabitation as spouses through acceptance by family, friends or even children is evidence of a valid marriage. A marriage certificate has corroborative value in these cases but cannot be counted as evidence in itself.
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