Supreme Court On Hindu Marriage Act: The Supreme Court said that Hindu marriage is a sacred institution and it should not be treated like a social event of ‘dancing and singing’.
Supreme Court On Hindu Marriage: The Supreme Court has said that the youth should keep in mind the sanctity of the institution before marriage. The court said that Hindu marriage is a sacrament which has its own sanctity. According to the Supreme Court, marriage is not an event of ‘dancing, singing’ and ‘eating and drinking’. The court said that mere registration does not make a marriage valid. For the marriage to be complete, it is necessary to follow all the rituals (mantra chanting, Saptapadi etc.). The bench of Justice BV Nagarathna and Justice Augustine George Masih said that all couples should ensure participation in the prevalent customs and ceremonies prescribed in Section 7 of the Hindu Marriage Act, 1955. It is also the responsibility of the priest who conducts the marriage to ensure that the bride and groom complete all the rituals. The court made these comments during the hearing on a wife’s petition. The woman has demanded transfer of the divorce proceedings. While the trial was still ongoing, the husband and wife jointly declared that their marriage was not valid. Claimed that he has not performed any marriage as he has not performed any customs, rites or rituals. However, due to some circumstances and pressures they had to register the marriage. The Supreme Court, finding that no marriage had actually taken place, ruled that there was no valid marriage. During the hearing, the Supreme Court made some important comments related to Hindu marriage. Read 5 important comments of the Supreme Court.
- Hindu marriage is a sacrament and religious ritual which deserves its status as an institution of great value in the Indian society. Therefore, we urge young men and women to think deeply about the institution of marriage and how sacred this institution is in Indian society.
- ‘Marriage is not an occasion for ‘singing and dancing’ and ‘eating and drinking’ or for demanding dowry and gifts and making transactions through undue pressure. Marriage is not a commercial transaction. This is a sacred foundational ceremony.
- The Supreme Court also referred to cases where couples registered their marriage under Section 8 of the Hindu Marriage Act for ‘practical reasons’, even though the marriage was not actually solemnized. The court warned against this and said that mere registration does not make a marriage valid. The court urged not to trivialize the institution of marriage.
- ‘Besides providing a mechanism for registration of marriage to confer the status of a married couple and to acknowledge personal and permanent rights, the Hindu Marriage Act, 1955 has given a special place to rites and ceremonies. This means that the important conditions for the Hindu marriage ritual must be followed diligently, strictly and religiously.’
- ‘Honest conduct and participation in the rituals and ceremonies under Section 7 of the Hindu Marriage Act, 1955 must be ensured by all married couples and the priests performing the ceremonies.’
