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[ Wion ] Hindu marriage rituals integral to their validity, opines Supreme Court: ‘Not just song-dance’

Hindu Vishwa by Hindu Vishwa
May 1, 2024
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The Supreme Court of India has given a significant ruling on the essentials for a Hindu marriage to be legal under the Hindu Marriage Act of 1955. The court stated that a Hindu marriage must be performed with traditional rites and ceremonies, such as **saptapadi** (seven steps around the sacred fire), for it to be valid. If 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.

The court also emphasized that evidence of these rituals is essential in case of any disputes. “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 court further observed that registration of a Hindu marriage under Section 8 of the Hindu Marriage Act facilitates proof of the marriage. However, it does not confer legitimacy if the marriage was not solemnised according to Section 7 of the Act, which specifies the requirements for a valid Hindu marriage ceremony.

The court opined that Hindu marriages are sacred, not an event for “song-dance”, “wining-dining”. These observations were made while deciding on a petition filed by a wife seeking transfer of divorce proceedings against her. The couple came to a mutual understanding, filing a joint application seeking a declaration that their marriage was invalid.

Source: Conversation with Bing
Hindu marriages are sacred, not an event for ‘song-dance’; rituals ….
https://www.wionews.com/india-news/hindu-marriages-are-sacred-not-an-event-for-song-dance-rituals-integral-for-validity-opines-supreme-court-717044

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