Hindu Marriage : The Supreme Court has given an order that if the marriage is not performed according to Hindu rituals, the marriage will not be valid according to the Hindu system.
A couple from Uttar Pradesh had filed a divorce case in the Supreme Court seeking annulment of their marriage. They said that they did not observe any Hindu rituals in their marriage and as there were some requirements to get the certificate, they invited friends and relatives and organized a small ceremony and based on that, they tried to get the certificate as per the UP Marriage Rules.
Similarly, PILs were also filed in the Supreme Court regarding marriages not conducted as per Hindu Marriage Laws and seeking to regulate them. An inquiry into these cases was conducted and various orders were issued yesterday by the Supreme Court.
Hindu Marriage Act :
According to the Hindu marriage system, the marriage should take place with the prevailing rites witnessed by Agni, and according to Section 5 of the Hindu Marriage Act, the marriage ceremony should take place. Hindu rituals should be followed. As per section 7 marriage is void if these rituals are not performed. According to section 8 it is also mentioned that it is easy to get certificate in Hindu system.
Evidence Mandatory:
Unless a Hindu marriage is performed according to Hindu rites such as Agni Saatchi, the marriage is not considered a Hindu marriage. Therefore, the marriage should be registered as otherwise valid under the Indian Marriage Act and proof of the performance of the marriage ceremony should be produced when a dispute arises about a Hindu marriage. When the necessary rituals are not performed, it cannot be treated as a marriage under the Hindu Marriage Act.
Whatever religion…
Where the marriage has not been performed according to the Hindu marriage system, the marriage registrar cannot register such marriage under Section 8 of the Hindu Marriage Act. A man and a woman cannot acquire the status of husband and wife to each other without following the proper marriage rules, be it any month or not. The Supreme Court has directed that if both, male and female, are to acquire the status of husband and wife, the marriage ceremony should be conducted to be valid under the provisions of the Marriage Act.
Not an ordinary event:
Marriage is a sacred event. It is an event that makes the couple a respected person in the society. Therefore, both men and women should think deeply about this before marriage. A wedding is not just a song – dance and feasting event. Nor is dowry an occasion of exchange of gifts. Marriage is not a commercial transaction. It is an important event that establishes a relationship between a man and a woman and makes them a family.
Marital Status:
Marriage creates new relationships within different communities. It instills in us a dignity for life. It is seen as a cultural event especially when religious rituals are performed.
It is imperative to provide a mechanism for registration of marriages to confer status and rights on married couples. Under Section 7 of the Hindu Marriage Act, 1955, a special place has been given to religious ceremonies and a Hindu marriage certificate has to be followed, the bench said.
