Is Hindu Marriage Valid Without Religious Rituals Such As 'Saptapadi'? Here's What Supreme Court Ruled

The Supreme Court has emphasised the solemnity and sacramental nature of Hindu marriages, stating that they cannot be equated with mere social gatherings involving "song and dance" or "wining and dining."

A bench of Justices B V Nagarathna and Augustine George Masih said a Hindu marriage is a 'samskara' and a sacrament which has to be accorded its status as an institution of great value in Indian society.

This ruling was part of a decision involving two trained commercial pilots who sought a divorce despite not having performed a valid Hindu marriage ceremony.

In its recent order passed in the matter of two trained commercial pilots, who sought a divorce decree without performing a valid Hindu marriage ceremony, the bench urged young men and women to "think deeply about the institution of marriage even before they enter upon it and as to how sacred the said institution is, in Indian society".

"A marriage is not an event for 'song and dance' and 'wining and dining' or an occasion to demand and exchange dowry and gifts by undue pressure leading to possible initiation of criminal proceedings thereafter. A marriage is not a commercial transaction. It is a solemn foundational event celebrated so as to establish a relationship between a man and a woman who acquire the status of a husband and wife for an evolving family in future which is a basic unit of Indian society," the bench said.

Terming the marriage as sacred as it provides a lifelong, dignity-affirming, equal, consensual and healthy union of two individuals, the bench said a Hindu marriage facilitates procreation, consolidates the unit of family and solidifies the spirit of fraternity within various communities.

"We deprecate the practice of young men and women seeking to acquire the status of being a husband and a wife to each other and therefore purportedly being married, in the absence of a valid marriage ceremony under the provisions of the (Hindu Marriage) Act such as in the instant case where the marriage between the parties was to take place later," the bench said.

In its April 19 order, the bench said where a Hindu marriage is not performed in accordance with the applicable rites or ceremonies such as 'saptapadi' (taking seven steps by the groom and the bride jointly before the sacred fire), the marriage will not be construed as a Hindu marriage.

The bench specifically criticized the trend where individuals consider themselves married without adhering to the requisite ceremonies outlined in the Hindu Marriage Act, like 'saptapadi' (seven steps around a sacred fire).

They reinforced that such ceremonies are essential for a marriage to be recognised under Hindu law.

"We further observe that a Hindu marriage is a sacrament and has a sacred character. In the context of saptapadi in a Hindu marriage, according to Rig Veda, after completing the seventh step (saptapadi) the bridegroom says to his bride, 'With seven steps we have become friends (sakha). May I attain to friendship with thee; may I not be separated from thy friendship'. A wife is considered to be half of oneself (ardhangini) but to be accepted with an identity of her own and to be a co-equal partner in the marriage," it said, news agency PTI reported.

In Hindu Law, marriage is a sacrament or a 'samskara' and it is the foundation for a new family, the bench noted, and said, "There is nothing like a "better-half" in a marriage but the spouses are equal halves in a marriage."

Observing that with the passage of centuries and the enactment of the Act, monogamy is the only legally approved form of relationship between a husband and a wife.

"The (Hindu Marriage) Act has categorically discarded polyandry and polygamy and all other such types of relationships. The intent of the Parliament is also that there should be only one form of marriage having varied rites and customs and rituals," it noted.

Further, the court's order delved into the transformation of Hindu marital laws post-1955, when the Hindu Marriage Act was enacted, emphasising that it applies to various communities including Lingayats, Brahmos, Aryasamajists, Buddhists, Jains, and Sikhs.

The judges stressed that registration of marriage, while helpful as proof, does not confer legitimacy if the marriage does not comply with the necessary rituals.

Additionally, the bench mentioned the Special Marriage Act, 1954, which allows any man and woman, regardless of their background, to marry, but maintained that Hindu marriages must still observe traditional rites and ceremonies.

Using its powers under Article 142 of the Constitution, the Supreme Court declared the marriage of the couple in question void due to the absence of a valid ceremony.

It also quashed their divorce proceedings and a dowry case lodged against the husband and his family members.

Also Read: Clash Between Indians And Maldivians In Maldives' Hulhumale, Two Hospitalised: What We Know So Far