Source: Supreme Court

Why in News?

Recently, the bench of Justices BV Nagarathna and Augustine George Masih held that A mere issuance of a certificate by an entity in the absence of the requisite ceremonies being performed does not constitute a valid Hindu marriage.

• The Supreme Court gave this observation in the case Dolly Rani v. Manish Kumar Chanchal,

What was the Background of Dolly Rani v. Manish Kumar Chanchal Case?

• The petitioner (wife) and respondent (husband) were trained commercial pilots.
• They were engaged to be married on 07th March 2021 and claimed to have solemnized their marriage on 07th July 2021.
• They obtained a "marriage certificate" from Vadik Jankalyan Samiti (Regd.) and a "Certificate of Registration of Marriage" under the Uttar Pradesh Marriage Registration Rules, 2017.
• However, the actual marriage ceremony as per Hindu rites and customs was scheduled for 25th October 2022, but it did not take place.
• Differences arose between the parties, and the petitioner alleged dowry demands and harassment by the respondent's family.
• 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.

What were the Court’s Observations?

• 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 stated that a Hindu marriage is a sacrament and has a sacred character.
  • It emphasized the importance of the institution of marriage in Indian society and the significance of the customary ceremonies and rituals associated with it.
• 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.

What are Ceremonies for Marriage under Hindu Marriage Act, 1955?

• About:
  • 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.
• Section 7 of the Hindu Marriage Act, 1955:
  • 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.
• Landmark Cases:
  • Seema v. Ashwani Kumar (2007):
    • In this case, 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.
  • 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.