INTRODUCTION
The Supreme Court of India, in a recent case, delivered a landmark judgment on the 19th day of April, 2024. This judgment pertained to Section 7 and Section 8 of Hindu Marriage Act, 1955 (hereinafter referred to as “the Act”). The judgment was delivered by a two-judge bench of the Supreme Court, which comprised of Hon’ble Justice B.V. Nagarathna and Hon’ble Justice Augustine George Masih where Justice Nagarathna authored the judgment. The Court held that solemnization of a valid Hindu marriage as per the provisions of Section 7 of the Act by performing the necessary ceremonies is a condition precedent for obtaining a marriage certificate under Section 8 of the Act and if a marriage certificate is obtained without performance of required ceremonies and rites, such a certificate would be null and void in the eyes of law. A marriage can only be solemnized only by performing the required ceremonies as provided for in Section 7 of the Act and a marriage certificate issued under Section 8 of the Act only provides for facilitating the proof of the marriage in case of a dispute arising from the matrimonial bond.
Facts
The cause of action to this case arose when the parties to this case, Ms. Dolly Rani and Mr. Manish Kumar Chanchal engaged to marry on the 7th day of March, 2021 and obtained a marriage certificate from an organisation called Vadik Jankalyan Samiti and got their marriage registered under the Uttar Pradesh Marriage Rules, 2017 on the 7th day of July, 2022. The parties to this case were trained commercial pilots. The parties however, had not yet performed the necessary wedding ceremonies as necessitated by the Section 7 of the Act. However, their marriage certificate reflected that the parties had performed the said customs. The parties had agreed to perform the wedding as per the rites and customs the 25th day of October, 2022 but it never happened.
Despite the fact that the parties lived apart from each other, differences arose between them and the wife filed an FIR against the husband and his family under Sections 498A, 420, 506, 509 and 34 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act, 1961. In turn, the husband filed a divorce petition in Muzaffarpur, Bihar against which the wife filed a transfer petition in the Supreme Court, which led to this judgment. She approached the Hon’ble Court with a petition to transfer the Court of proceedings from the Court of Principle Judge, Family Court in Muzzafarpur, Bihar to the Court of Principle Judge, Family Court, Ranchi, Jharkhand.
Issues Raised
The Supreme Court was faced with the question if there existed a valid marriage between the parties given the fact that there was no valid marriage as per Section 7 of the Act but the marriage was registered under Section 8 of the Act.
The question of law answered by the Supreme Court in this case is whether a marriage registered under Section 8 of the Act valid if the ceremonies under Section 7 of the Act have not been performed.
Contention
Both the parties argued that there was no valid marriage in the eyes of the law because the ceremonial requisites of a valid marriage had not been complied with as necessitated under the Section 7 of the Act. The husband contended that he had no other option than to file for divorce in the matrimonial case because the marriage was registered under Section 8 of the Act. The wife on the other hand contended that husband cannot seek divorce through the matrimonial because there was no valid marriage in eyes of the law.
During the pendency of the transfer petition, however, the parties further discussed the matter and came to a common understanding to file a joint application before the Supreme Court under Article 142 of the Constitution of India. The application requested the court to declare the marriage certificates issued to the parties as null and void and also sought for quashing of the Maintenance case and the Criminal case filed by the wife and the divorce case filed by the husband.
Rationale
The Supreme Court accepted the application filed by the parties under Article 142 of the Constitution and held that the marriage certificates issued to the parties were inconsequential because of the fact that the parties had not undergone the necessary wedding ceremonies as necessitated under the Section 7 of the Act. The Court granted the prayers of the parties and quashed the proceedings pending before various courts.
Defects of Law
Apart from this, the Court made several observations pertaining to the Sections 7 and 8 of the Act. The Court observed that there could not have been a valid marriage in the eyes of the law without the necessary ceremonies being performed under Section 7 of the Act. Section 8 of the Act is merely to facilitate the individuals to get their marriage registered with the authorities provided that they have fulfilled the necessary pre-conditions of a valid marriage. The provision for registration of the marriage is only to facilitate the proof of the Hindu marriage. Registration of the marriage can only take place post the solemnization of the marriage between the parties. Registration of the marriage cannot precede the performance of the marriage.
The Court observed that if there is not marriage in accordance with Section 7 of the Act, a registration of such a marriage under Section 8 of the Act cannot grant legitimacy to the marriage. A certificate of marriage is only a proof of the legality of a Hindu marriage only when such a marriage has actually taken place in the eyes of the law.
The Court held that a man and a woman cannot be treated as spouses unless a proper marriage has taken place between them as per the proper ceremonies under Section 7 of the Act and if Saptapadi is an essential ceremony, the marriage can be solemnized only if the couple has taken the seven steps around the fire. Status of husband and wife cannot be acquired in the absence of valid solemnization of marriage.
The Court further observed the prevalent social custom where overeager parents of the couple often get the marriage of their children pre-registered with the authorities for purposes of emigration on the pretext that the marriage would be solemnized via adequate ceremonies post such registration. However, the Court held that in such a scenario, it gives rise to a variety of loopholes given the fact that the parties might not solemnize the marriage later.
The Court observed that marriage is not a ceremony of pomp and show, dancing and singing or exchange of dowry and gifts. It is not a commercial transaction and is considered an essential sacrament among the Hindu society. A marriage has various social aspects and solidifying aspects between two units of family and the fraternities. It also facilitates procreation between the two individuals. The promises made during the wedding ceremonies and the oaths taken provide the foundation of a life-long commitment to each other. Such ceremonies must be strictly adhered to by the parties to the wedding, for both personal and societal aspects.
Inference
This decision of the Supreme Court reflects upon the essentiality of ceremonial aspects of a Hindu marriage. The decision not only reflects the principles of justice, equity and good conscience but also reflects the Supreme Court’s approach on protecting the rights of the parties to a case and making use of its power to do complete justice under Article 142 of the Constitution of India.
The decision of the Supreme Court of India in this case is a welcome one because of the fact that the provisions may be misused by certain members of the society so as to meet their needs without following the proper procedure as established by law. This judgment is a step forward in preventing the misuse of legal provisions by the people and to ensure that the law is used for the rationale that it was formulated to meet.
A Hindu Marriage can only be solemnized upon performance of the rites and ceremonies as mentioned in the Section 7 of the Act and this decision ensures that the provision of registration of marriage as provided under the Section 8 of the Act is only to facilitate the proof of the marriage and not to solemnize a Hindu marriage. Use of the marriage certificates for documentary purposes even before such a marriage is solemnized is contrary to the objective of the provision. Ergo, the Supreme Court of India, rightfully made the above observations in the interest of law.
Name – Devender Garg
Name of the University – National Law University, Delhi