New Delhi: A hindu marriage This is not a program of “song and dance”, “drinking and dining” or any commercial transaction. Supreme Court has observed and stated that it cannot be identified “in the absence of a” legal functionUnder the Hindu Marriage Act, a bench of Justices BV Nagarathna and Augustine George Masih said that Hindu marriage is a ‘sanskar’ and sacrament which should be given status as an institution of great value in the Indian society.
In its recent order passed in the case of two trained commercial pilots who sought a decree of divorce without performing valid Hindu marriage ceremonyThe bench urged young men and women to “think deeply about it and know how” even before entering into the institution of marriage. Holy The said institution exists in the Indian society.
“Marriage is not an occasion for organizing ‘singing and dancing’ and ‘drinking and dining’ or for demanding and exchanging dowry and gifts by exerting undue pressure, following which criminal proceedings can be initiated. Marriage is not a commercial transaction. It is a serious fundamental event, celebrated to establish the relationship between a man and a woman who acquire the status of husband and wife for a developed family in the future, the bench said. Which is a basic unit of Indian society.
Describing marriage as sacred as it provides a lifelong, dignity-affirming, equal, consensual and healthy union of two persons, the bench said that Hindu marriage facilitates procreation, strengthens the family unit and helps people in different communities. Strengthens the feeling of brotherhood within.
“We condemn the practice of young men and women trying to obtain the status of husband and wife for each other and therefore allegedly getting 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 parties was to take place later,” the bench said.
In its order dated April 19, the bench said that where the Hindu marriage is not performed in accordance with the applicable rites or ceremonies such as ‘Saptapadi’ (taking of seven steps jointly in front of the sacred fire by the groom and the bride), the marriage shall not be solemnized . This will be treated as a Hindu marriage.
“We further see that Hindu marriage is a sacrament and has a sacred character. In the context of Saptapadi in Hindu marriage, according to the Rig Veda, after completing the seventh step (Saptapadi) the groom says to his bride, ‘With the seven We have become friends (Sakha). May I not be separated from you?” A wife is considered a partner in marriage. To become equal partners,” it said.
In Hindu law, marriage is a sacrament or ‘sanskar’ and is the foundation of a new family, the bench said, adding, “There is no such thing as a “better-half” in marriage, but the spouses are equal halves. Are at a wedding.”
Given that with the passage 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 and polygamy and all forms of such relationships. It is also the intention of Parliament that there should be only one form of marriage with different rites and customs and There should be customs.”
The bench said that after the Act came into force on May 18, 1955, it had codified the law relating to marriage between Hindus and it included not only Hindus but also Lingayats, Brahmos, Aryasamajis, Buddhists, Jains and Sikhs. Can. A valid Hindu marriage falling within the broader meaning of the word Hindu.
“Unless the parties undergo such ceremony, there shall be no Hindu marriage as per Section 7 of the (Hindu Marriage) Act and in the absence of the requisite ceremonies the issue of a certificate by any institution shall neither confer nor confer upon the parties any marital The status will not be granted nor will the marriage be established under Hindu law,” it said.
The apex court highlighted 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 Will not provide validity.” ,
It states that under the Special Marriage Act, 1954, a man and a woman can acquire the status of being husband and wife in accordance with the provisions of the said Act.
“The Special Marriage Act, 1954 is not limited to Hindus 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, 1954 , but under the provisions of 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 solemnize the marriage in accordance with Section 7 of the Act,” it said. Has gone.
Exercising its full powers under Article 142 of the Constitution, the top court declared that the marriage of the separated couple was not solemnized in accordance with law and the marriage certificate issued to them was void in the absence of a valid ceremony under the Hindu Marriage Act. Declared invalid.
It also quashed her divorce proceedings and the dowry case registered against her husband and his family members.
In its recent order passed in the case of two trained commercial pilots who sought a decree of divorce without performing valid Hindu marriage ceremonyThe bench urged young men and women to “think deeply about it and know how” even before entering into the institution of marriage. Holy The said institution exists in the Indian society.
“Marriage is not an occasion for organizing ‘singing and dancing’ and ‘drinking and dining’ or for demanding and exchanging dowry and gifts by exerting undue pressure, following which criminal proceedings can be initiated. Marriage is not a commercial transaction. It is a serious fundamental event, celebrated to establish the relationship between a man and a woman who acquire the status of husband and wife for a developed family in the future, the bench said. Which is a basic unit of Indian society.
Describing marriage as sacred as it provides a lifelong, dignity-affirming, equal, consensual and healthy union of two persons, the bench said that Hindu marriage facilitates procreation, strengthens the family unit and helps people in different communities. Strengthens the feeling of brotherhood within.
“We condemn the practice of young men and women trying to obtain the status of husband and wife for each other and therefore allegedly getting 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 parties was to take place later,” the bench said.
In its order dated April 19, the bench said that where the Hindu marriage is not performed in accordance with the applicable rites or ceremonies such as ‘Saptapadi’ (taking of seven steps jointly in front of the sacred fire by the groom and the bride), the marriage shall not be solemnized . This will be treated as a Hindu marriage.
“We further see that Hindu marriage is a sacrament and has a sacred character. In the context of Saptapadi in Hindu marriage, according to the Rig Veda, after completing the seventh step (Saptapadi) the groom says to his bride, ‘With the seven We have become friends (Sakha). May I not be separated from you?” A wife is considered a partner in marriage. To become equal partners,” it said.
In Hindu law, marriage is a sacrament or ‘sanskar’ and is the foundation of a new family, the bench said, adding, “There is no such thing as a “better-half” in marriage, but the spouses are equal halves. Are at a wedding.”
Given that with the passage 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 and polygamy and all forms of such relationships. It is also the intention of Parliament that there should be only one form of marriage with different rites and customs and There should be customs.”
The bench said that after the Act came into force on May 18, 1955, it had codified the law relating to marriage between Hindus and it included not only Hindus but also Lingayats, Brahmos, Aryasamajis, Buddhists, Jains and Sikhs. Can. A valid Hindu marriage falling within the broader meaning of the word Hindu.
“Unless the parties undergo such ceremony, there shall be no Hindu marriage as per Section 7 of the (Hindu Marriage) Act and in the absence of the requisite ceremonies the issue of a certificate by any institution shall neither confer nor confer upon the parties any marital The status will not be granted nor will the marriage be established under Hindu law,” it said.
The apex court highlighted 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 Will not provide validity.” ,
It states that under the Special Marriage Act, 1954, a man and a woman can acquire the status of being husband and wife in accordance with the provisions of the said Act.
“The Special Marriage Act, 1954 is not limited to Hindus 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, 1954 , but under the provisions of 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 solemnize the marriage in accordance with Section 7 of the Act,” it said. Has gone.
Exercising its full powers under Article 142 of the Constitution, the top court declared that the marriage of the separated couple was not solemnized in accordance with law and the marriage certificate issued to them was void in the absence of a valid ceremony under the Hindu Marriage Act. Declared invalid.
It also quashed her divorce proceedings and the dowry case registered against her husband and his family members.
