Ceremonies for a Hindu marriage

Section 7 of H.M Act,1955

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.

According to sec.7:- Hindu marriage must have been solemnised in accordance

with ceremonies of at least one of the parties to the marriage.

- Act did not prescribe any form of ceremonies.- Parties can also observe customary ceremonies which differ

from caste to caste.

There are two widely accepted ceremonies of Hindu marriage: 1. Kanyadan: A gift of the bride given by her father to the bridegroom.

2.Saptapadi: Taking of seven steps by the bridegroom and the bride jointly before the sacred fire.

Some incidental ceremonies:

• Ganapati puja - not to create any obstacles

• Graha yagna - nava graha puja

• Kankana Bandhana – Kankana or Raksha is tied and they will not be affected by pollution

• Laja homa – pray for long life and prosperity.

• Sankalpa – resolution by Bridegroom to take care his wife.

Non observance of ceremonies – validity of a marriage under H.M Act.

Deivain Achi v. Chidaram chettiar (AIR 1954 MAD657)

Facts of the case: Marriage was solemnised between a widow and widower under auspices of an Anti Purohit Association by exchanging garlands and rings in the presence of elders and friends. They read a declaration to share joys sorrows of each other. As the members of Anti Purohit Association, the customary rites and ceremonies were not performed.

A few years after the marriage, The wife and her heirs challenged the validity of marriage on the ground that no ceremonies of marriage were performed.

Judgment: The Division Bench of Madras High court rejected the contention that “the exchange of garlands is sufficient for a valid marriage ”. And held that there was no valid marriage between the parties since the customary ceremonies were not performed.

Principle: The marriage ceremonies for Hindu marriage are mandatory to constitute valid marriage.

Priya Bala Ghosh vs Suresh Chandra Ghosh (AIR 1971 sc 1153)

Facts of the case:The appellant (first wife)filed a complaint against her husband (respondent)under sec. 494 of I.P.C. The trial court convicted the respondent. In appeal, the Sessions Court acquitted the respondent on the ground that there was no evidence of the performance of Homo and Saptapadi, which were essential rites to be performed for solemnisation of a marriage. High court of Calcutta also confirmed the acquittal. Finally she moved to Supreme Court by a special leave petition.

Judgment: The Supreme Court held that the prosecution has to prove that the alleged second marriage had been duly performed in accordance with the essential religious rites applicable to the form of marriage gone through by the parties and that the said marriage must be a valid one according to law applicable to the parties. Further according to sec.7 of H.M Act, Homo and Saptapadi are the essential rites for a marriage and that there is no evidence that these two essential ceremonies have been performed when the respondent is stated to have married again. Hence, petition is dismissed.

S. Nagalingam v Sivagami (AIR 2001 SC 3576)

Saptapadi is not necessary ceremony for Hindus in Tamilanadu as there is an Amendment to sec.7

The Supreme Court held that “Saptapadi" is an essential ceremony for a valid marriage only in cases it was admitted by the parties that as per the form of marriage applicable to them that was an essential ceremony. The appellant in the instant case, however, had no such case that "Saptapadi" was an essential ceremony for a valid marriage as per the personal law applicable whereas the provisions contained in Section 7-A are applicable to the parties.

Section 8 - Registration of Hindu marriages

According to this section:- Registration is for the purpose of facilitating the proof of

Hindu marriage.- The particulars relating to the marriage may be entered in a

Marriage Register maintained under the rules made by state Govt.

- It is open to the State Government to make registration of marriage compulsory.( A.P Act,2002)

- Marriage register shall be open for inspection and statements therein shall be admissible as evidence.

- Omission to register the marriage does not effect the validity of marriage.

All marriages are compulsorily registrable - Supreme Court directions.Seema v. Aswani Kumar (AIR 2006 SC 1158)

“Marriages of all persons who are citizens of India belonging to various religions should be made compulsorily registrable in their respective States, where the marriage is solemnized”. Though most of the States have framed rules regarding registration of marriages, registration of marriage is not compulsory in several States. If the record of marriage is kept, to a large extent, the dispute concerning solemnization of marriages between two persons is avoided.

“The legislative intent in enacting Section 8 of the Hindu Act is apparent from the use of the expression for the purpose of facilitating the proof of Hindu Marriages. As a natural consequence, the effect of non registration would be that the presumption which is available from registration of marriages would be denied to a person whose marriage is not registered”.

Accordingly Supreme Court directed the States and Central Government to make registration of a marriage as compulsory. (CEDAW, 1979 by U.N.O- Art.16 )

Whether a marriage between a Hindu and other professing other religion is valid under

the provisions of the Hindu Marriage Act.