No rituals, no marriage: SC says certificate can’t replace Hindu ceremonies

In an important ruling clarifying what legally constitutes a Hindu marriage, the Supreme Court connected 19.04.2024 held that a matrimony certificate by itself cannot make the presumption of hubby and woman unless the indispensable Hindu matrimony ceremonies are really performed.

The Court declared that without immoderate rituals oregon accepted rites, registration of a matrimony would beryllium legally meaningless.The ruling was delivered by Bench of Justice B.V. Nagarathna and Justice Augustine George Masih successful Dolly Rani v. Manish Kumar Chanchal, wherever the Court utilized its bonzer powers nether Article 142 of the Constitution and declared that the parties were ne'er legally joined contempt possessing a matrimony certificate.Factual BackgroundThe Petitioner- pistillate and Respondent- man, some trained commercialized pilots, were engaged connected 07.03.2021. They claimed successful their ain words, alternatively of instantly performing matrimony arsenic per accepted Hindu ceremony, they obtained a matrimony certificate dated 07.07.2021, from a backstage enactment called Vadik Jankalyan Samiti (Regd.). And later, based connected that certificate, obtained a certificate of registration of matrimony successful Uttar Pradesh arsenic per rules.

However, the existent Hindu wedding ceremonial was fixed by the families of both, overmuch later, connected 25.10.2022. Before that ceremonial could instrumentality place, superior differences emerged betwixt the parties. The Petitioner-woman made allegations of dowry demands against the Respondent-man and his household members, and connected 17.11.2022, filed an FIR, against them nether Sections 498A, 420, 506, 509 of the IPC on with the Dowry Prohibition Act.Later, successful March, 2023, the Respondent-man petitioned a divorcement successful the Family Court astatine Muzaffarpur, Bihar nether Section 13(1) (ia) of the Hindu Marriage Act. Aggrieved by this, the Petitioner-woman approached the Hon’ble Supreme Court seeking transportation of the divorcement lawsuit to Ranchi, wherever she resided with her parents.However, during the pendency of the transportation petition, some parties reconsidered their positions and jointly moved an exertion nether Article 142 of the Constitution, requesting the Supreme Court to state that nary valid matrimony ever took spot and to quash each related transgression and matrimonial proceedings.Submissions earlier CourtThe counsel for the Petitioner argued that determination was ne'er a valid Hindu matrimony successful the eyes of law, and truthful a divorcement petition itself was legally unsustainable. The Respondent’s counsel besides admitted that nary ceremonies nether Section 7 of the Hindu Marriage Act were performed, but argued that helium was compelled to record the divorcement petition due to the fact that a matrimony registration certificate existed.Both parties collectively submitted earlier the Court that they had ne'er undergone immoderate Hindu rituals, customs and rites. They confessed to the Court that they got the certificates nether unit of outer forces and applicable considerations, and present they did not privation to resistance the ineligible baggage of a matrimony that had ne'er really happened.Supreme Court’s AnalysisThe Court, anterior to relief, engaged successful a adjacent investigation of the Hindu Marriage Act, 1955, Section 7 and Section 8, and had important observations to accidental connected what Hindu matrimony is about.Meaning of “Solemnization” Under Section 7The Court pointed retired that the Section 7 incorporates the connection solemnized that inherently means conducting ceremonies. It clarified:“Unless and until the matrimony is performed with due ceremonies and successful owed form, it cannot beryllium said to beryllium ‘solemnized’.”The Bench clarified that Hindu matrimony is not a contract, but a sacrament (samskara), and the rituals similar Saptapadi -seven steps successful the beingness of ineffable fire- are the astir important portion of its accomplishment. “In the lack of immoderate solemnization of a matrimony arsenic per the provisions of the Act, a antheral and a pistillate cannot get the presumption of being a hubby and a woman to each other.”It further observed that a certificate issued by immoderate entity, without impervious of rituals, cannot found marital presumption nether Hindu law.On the contented of the registration successful Section 8 of the Act that regulates the registration, the Court made it wide that registration does not make a matrimony but lone helps to supply grounds of a valid marriage.The judgement noted:“If determination has been nary matrimony successful accordance with Section 7, the registration would not confer legitimacy to the marriage.”Registration is truthful evidentiary but not constitutive, successful the lack of the ceremonial which forms the ground of the registration, registration would not beryllium effectual astatine all.The Bench further expressed acrophobic astir an expanding inclination wherever young couples were getting matrimony certificates nether the pretext of applicable exertion similar visa applications oregon convenience without having existent ceremonies. The Court lamented this benignant of practice:"In caller years, we person travel crossed respective instances wherever for “practical purposes”, a antheral and a pistillate with the volition of solemnisation of their matrimony astatine a aboriginal day question to registry their matrimony nether Section 8 of the Act connected the ground of a papers which whitethorn person been issued arsenic impervious of 'solemnisation of their marriage' specified arsenic successful the instant case. As we person already noted, immoderate specified registration of a matrimony earlier the Registrar of Marriages and a certificate being issued thereafter would not corroborate that the parties person 'solemnised' a Hindu marriage. We enactment that parents of young couples hold for registration of a matrimony successful bid to use for Visa for emigration to overseas countries wherever either of the parties whitethorn beryllium moving “in bid to prevention time” and pending formalising a matrimony ceremony. Such practices person to beryllium deprecated. What would beryllium the consequence, if nary specified matrimony is solemnised astatine each astatine a aboriginal date? What would beryllium the presumption of the parties then? Are they hubby and woman successful instrumentality and bash they get specified presumption successful society?"In airy of the above, the Court besides asked a applicable question: What would beryllium the result, successful lawsuit not adjacent astatine a aboriginal day specified a matrimony could beryllium solemnized? What would go the presumption of parties astatine that time?Answering these questions, the Court addressed the taste and spiritual value of matrimony successful the Hindu instrumentality that noted that matrimony was not a commercialized matter oregon adjacent conscionable a solemnisation but a solemn instauration upon which household and nine were founded. "A Hindu matrimony is simply a samskara and a sacrament which has to beryllium accorded its presumption arsenic an instauration of large worth successful Indian society. Therefore, we impulse young men and women to deliberation profoundly astir the instauration of matrimony adjacent earlier they participate upon it and arsenic to however ineffable the said instauration is, successful Indian society. A matrimony is not an lawsuit for 'song and dance' and 'wining and dining' oregon an juncture to request and speech dowry and gifts by undue unit starring to imaginable initiation of transgression proceedings thereafter. A matrimony is not a commercialized transaction. It is simply a solemn foundational lawsuit celebrated truthful arsenic to found a narration betwixt a antheral and a pistillate who get the presumption of a hubby and woman for an evolving household successful aboriginal which is simply a basal portion of Indian society."The Court further clarified that portion the Special Marriage Act allows couples of immoderate religion to legally wed done registration and ceremonial procedure, the Hindu Marriage Act specifically requires ceremonies successful summation to fulfilment of statutory conditions.Thus, what whitethorn beryllium capable nether the Special Marriage Act would not automatically use nether the Hindu Marriage Act.The tribunal held:"The Hindu Marriage Act, 1955 solemnly acknowledges some the worldly and spiritual aspects of this lawsuit successful the joined couple's lives. Besides providing a mechanics for registration of marriages successful bid to confer the presumption of a joined mates and admit rights successful personam and rights successful rem, a peculiar spot is fixed to rites and ceremonies successful the Act. It follows that the captious conditions for the solemnizing of a Hindu matrimony should beryllium assiduously, strictly and religiously followed. This is for the crushed that the genesis of a ineffable process cannot beryllium a trivial affair. The sincere behaviour of and information successful the customary rites and ceremonies nether Section 7 of the Hindu Marriage Act, 1955 ought to beryllium ensured by each joined couples and priests who preside implicit the ceremony."After considering the associated exertion and the ineligible position, the Supreme Court declared:“The ‘marriage’ dated 07.07.2021 betwixt the parties is not a ‘Hindu marriage’ having respect to the provisions of Section 7 of the Act.”The Court accordingly held some the idiosyncratic certificate and the authorities registration void, and that the parties had ne'er go hubby and wife. In presumption of this declaration, the Court quashed each pending proceedings betwixt them, including, the divorcement petition successful Muzaffarpur, attraction lawsuit successful Ranchi, the transgression FIR and related proceedings and the transportation petition was past disposed of arsenic infructuous.(Vatsal Chandra is simply a Delhi-based Advocate practicing earlier the courts of Delhi NCR.)