The Supreme Court has said that Hindu marriage is not an event of 'singing and dancing', 'drinking and eating', or a commercial transaction. This cannot be recognized as a 'lack of valid ceremony' under the Hindu Marriage Act. The bench of Justice BV Nagarathna and Justice Augustine George Masih said that Hindu marriage is a 'sanskara', which should be given the status of an institution of great value in the Indian society.

The two trained commercial pilots had sought a divorce decree without performing a valid Hindu marriage ceremony. In its recent order passed in this case, the bench urged the young man and woman to 'think deeply about the institution of marriage even before entering into it and how sacred the said institution is in the Indian society.

The bench said that marriage is not an occasion for 'singing and dancing', 'drinking and dining', or demanding and exchanging dowry and gifts by exerting undue pressure. After doing this, criminal proceedings can begin. Marriage is not a commercial transaction. It is a serious basic program that is celebrated to create a relationship between a man and a woman who attained the status of husband and wife for a good family in the future. It is a basic unit of Indian Society.

'We condemn...'

Describing marriage as sacred, the bench said that a Hindu marriage facilitates reproduction, strengthens the family unit, and strengthens the feeling of brotherhood within different communities. We condemn the practice of young men and women trying to obtain the status of husband and wife for each other and hence purportedly being married in the absence of a valid marriage ceremony under the provisions of the (Hindu Marriage) Act . As was the case in the present case, where the marriage between the two parties was to take place later.

'Hindu marriage will not be considered if...'

In its order dated April 19, the bench said that where the Hindu marriage is not performed by the applicable rites or ceremonies such as 'Saptapadi' (jointly taking seven steps in front of the sacred fire by the groom and the bride), it cannot be treated as a Hindu marriage. I will not be understood. 

The bench said that in Hindu law, marriage is a sacrament and it is the foundation of a new family. Given that with the passing of centuries and the enactment of the Act, the only legally accepted form of relationship between a husband and wife is a marriage.

"The (Hindu Marriage) Act clearly rejects polyandry, polygamy, and all such relationships. It is also the intention of Parliament that there should be only one form of marriage, with all the rites and rituals -There should be customs.

'Not only Hindus in Hindu marriage...'

The Supreme Court bench said that after the Act came into force on May 18, 1955, it had given legal shape to the rule relating to marriage between Hindus and it included not only Hindus but also Lingayats, Brahmos, Aryasamajis, Buddhists, Jains, and Sikhs can also join. A valid Hindu marriage falls within the broader meaning of the word Hindu.

The Supreme Court also emphasized that the advantage of marriage registration is that it provides proof of the fact of marriage in the disputed case, but if no marriage has taken place as per Section 7 of the Hindu Marriage Act, "Registration of Marriage “Will not provide legitimacy to.”

Under the Special Marriage Act, 1954, a man and a woman can acquire the status of husband and wife as per the rules of the Act. The Special Marriage Act, of 1954 is not limited to Hiof ndus only. Any man and woman, irrespective of their caste, race, or creed, can obtain the status of being husband and wife under the provisions of the Special Marriage Act, of 1954. But the rules state that according to the Act (Hindu Marriage Act, 1955), not only must there be compliance with the conditions prescribed under Section 5 of the said Act, but the couple must marry as per Section 7 of the Act.

In the exercise of its full powers under Article 142 of the Constitution, the Supreme Court held that the marriage of the estranged couple was solemnized by law and declared the marriage certificate issued to them void for lack of validity under the Hindu Marriage Act. GavCourturt by thetdivorcerce proceedings and the dowry case registered against her husband and his family members.