Hindu Marriage Act, 1955 – ss. 7 and 8 – During the pendency of the transfer petition, parties decided to resolve the dispute by filing a joint application u/Art.142 of the Constitution interalia seeking declaration that the marriage between the parties was not valid, consequently, the certificate issued by the Vadik Jankalyan Samiti and the marriage certificate issued under the Uttar Pradesh Registration Rule, 2017 were null and void: Held: For a valid marriage under the Act, the requisite ceremonies have to be performed and there must be proof of performance of the said ceremony when an issue/controversy arise – Unless the parties have undergone such ceremony, there would be no Hindu marriage according to Section 7 of the Act and a mere issuance of a certificate by an entity in the absence of the requisite ceremonies having been performed, would neither confirm any marital status to the parties nor establish a marriage under Hindu law – The certificate issued by Vadik Jankalyan Samiti (Regd.) in the absence of any indication as to the rites and customs that were performed and as to whether the requirements under Section 7 of the Act was complied with would not be a certificate evidencing a Hindu marriage in accordance with Section 7 of the Act – It is on the basis of the said certificate that the Marriage Registration Officer has issued certificate under the Uttar Pradesh Marriage Registration Rule, 2017 – It is only when the marriage is solemnised in accordance with Section 7, there can be a marriage registered under Section
8 – But if there has been no marriage in accordance with Section 7, the registration would not confer legitimacy to the marriage – 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. [Paras 15, 16, 17]
Hindu Marriage Act, 1955 – Absence of a valid marriage ceremony – Practice Deprecated. [Para 21]
Hindu Marriage Act, 1955 – 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 – Practice deprecated. [Para 23]
Hindu Marriage Act, 1955 – Purpose of marriage: Held: A marriage is not a commercial transaction – It is a solemn foundational event celebrated so as to establish a relationship between a man and a woman who acquire the status of a husband and wife for an evolving family in future which is a basic unit of Indian society – A Hindu marriage facilitates procreation, consolidates the unit of family and solidifies the spirit of fraternity within various communities. [Para 24]
Books and Periodicals Cited
Harman, William “The Hindu Marriage As Soteriological Event”. International Journal of Sociology of the Family, vol. 17, no.2, 1987, pp.169-82.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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