Introduction

• Section 7 of the Hindu Marriage Act, 1955 (HMA) says that some spiritual ceremonies must be performed at the time of marriage.
  • Section 7 - Ceremonies for a Hindu Marriage — (1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.
  • (2) 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.
• It is believed that a Hindu marriage is incomplete without performing a few customary rituals. Though these rituals are not universal but there are a few rituals like Saptapadi without which a Vedic marriage is incomplete.
• Necessary ceremonies, shastric or customary, whichever are prevalent in the culture of the bride or bridegroom, must be performed otherwise marriage will not be valid.

Ceremonies of Hindu Marriage

• Some of the important ceremonies are:
  • Homa – An oblation in the sacred fire.
  • Kanyadanam – Father gifting the bride to the groom.
  • Panigrahana – Taking hold of the bride’s hand by the bridegroom and going round the fire to the chant of Vedic mantras.
  • Saptapadi – Taking seven steps around the sacred fire.
• Homa
  • In a Hindu marriage, the homa ceremony, often referred to as 'vivah homa' in spiritual context, involves the lighting of a sacred fire in the havan kund.
  • During this ritual, a priest recites mantras to venerate the deity of fire, Agnidevta, and to invoke the presence of Lord Vishnu, sanctifying the marriage.
• Kanyadaan
  • During the wedding, the ritual is traditionally conducted by the bride's father, and in the absence of the father, a guardian from the bride's side carries out this ceremony.
  • In this ritual, the bride's father symbolically entrusts his daughter to the groom, imparting to him the duty to safeguard, support, and nurture her.
  • This particular ceremony is often considered a vital and obligatory component for a legally recognized marriage.
  • In Ramlal Agarwal v. Shantadevi (1999), Supreme Court (SC) held that marriage may be complete by the performance of ceremonies other than those referred in the legislation when the custom of the case to which the parties belong are followed. Kanyadaan is an essential ceremony but its absence, however, may not invalidate a marriage.
• Panigrahana
  • Following the kanyadana ritual, there is this hand-holding ceremony. This symbolic act signifies the marital union and the commitment to share responsibilities with one another.
  • On this occasion, a symbolic fire may be kindled during this ritual, symbolizing the commencement of a new household.
• Saptapadi
  • Saptapadi translates to "Seven Steps" in Sanskrit, and it's regarded as the central and most significant Vedic Hindu Marriage ritual.
  • During this ritual, a sacred fire is ignited, and the bride and groom, hand in hand, take seven steps around the holy fire. With each step, the couple makes solemn vows, symbolizing their union and shared responsibilities.
  • This ritual follows the Panigrahan ceremony, which involves handholding and signifies the marital bond and mutual responsibilities between the couple.
  • Section 7(2) of the Hindu Marriage Act, 1955, gives out the general provision for Saptapadi, wherein it states that where rites and ceremonies include ‘saptapadi’ as a ceremony, then the marriage will be considered complete and valid upon the completion of the seventh round around the holy fire.
• In Shanti Dev Barma v. Kanchan Prawa (1991), SC has held that merely wearing mangalsutra or sindoor on forehead does not constitute legally accepted marriage, if other rites like saptapadi before holy fire were not performed.

Sapinda Relation

• The word Sapinda came from the word Pinda which means a ball of rice offered at a sraddha ceremony to deceased ancestors.
  • According to Hindu law, when two persons offer PINDA to the same ancestor it is known as SAPINDA relation. These relations are connected to each other with the same blood.
• Section 3(f) defines Sapinda Relationship as
  • (i) “Sapinda Relationship” with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation.
  • (ii) two persons are said to be “sapindas” of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them.

Theories of Sapinda Relationship

• Jimuthvana Theory
  • Jimutavahana's perspective on this matter revolved around the concept of oblation.
  • According to his theory, the term "pinda" signified a tribute made to ancestors who had passed away.
  • Consequently, individuals who presented such offerings, known as "pind-daan," to a shared ancestor were considered sapindas of one another.
• Vijnaneswara's Theory
  • Vijaneshwara's sapinda theory involved the concept of individuals being linked through a common ancestor, signifying a connection through a shared bodily connection.
  • This connection between individuals was established through the particles or elements of the body they had in common. For instance, a son was considered a sapinda to his father and grandfather because they shared these common bodily elements.
  • Extending this analogy, a son would also be considered a sapinda to his mother and other maternal relatives because they, too, shared these same bodily elements.

Marriage under Sapinda Relation

• According to Section 5(v), 11 of HMA, if any person marries within the sapinda relation such a marriage is considered void.
  • Section 5 - Conditions for a Hindu Marriage — A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely: (v) The parties are not sapindas of each other, unless the custom or usage governing each of them permits marriage between the two.
  • Section 11 - Void marriages — Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto 2 [against the other party], be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of Section 5.
• Section 18(b) of HMA mentions that violation of clause i.e marrying within sapinda relationship clause would amount to simple imprisonment up to 1 month or a fine of Rs. 1000/- or both.