A two judge bench comprising Justices BV Nagarathna and Augustine George Masih observed that proof pd performance of the the ceremony must also be there, if and when any issue arises.
“A certificate of marriage is a proof of validity of Hindu marriage only when such a marriage has taken place and not in a case where there is no marriage ceremony performed at all,” the court said.
The Supreme Court on Tuesday said that for a Hindu marriage to be valid, it must be performed with all rituals and ceremonies involved, including saptapadi (seven rounds around fire), reports Live Law.
A two judge bench comprising Justices BV Nagarathna and Augustine George Masih observed that proof pd performance of the the ceremony must also be there, if and when any issue arises.
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“Where a Hindu marriage is not performed in accordance with the applicable rites or ceremonies such as saptapadi when included, the marriage will not be construed as a Hindu marriage. In other words, for a valid marriage under the Act, the requisite ceremonies have to be performed and there must be proof of performance of the said ceremony when an issue/controversy arise,” the bench observed.
Unless the parties have undergone such ceremony, there would be no Hindu marriage according to Section 7 of the Act and a mere issuance of a certificate by an entity in the absence of the requisite ceremonies having been performed, would neither confirm any marital status to the parties nor establish a marriage under Hindu law.”
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The top court also said that if the marriage is not done in accordance with Section 7, which notes the requirements of a Hindu marriage, the registration would not confer legitimacy to the marriage.
“A certificate of marriage is a proof of validity of Hindu marriage only when such a marriage has taken place and not in a case where there is no marriage ceremony performed at all,” the court said.
The court was hearing a petition filed by a wife seeking transfer of divore proceedings against her. During the pendancy of the case, the husband and wife agreed to file a joint application for a declaration that their marriage was not valid.
