ABSTRACT
Marriage can be simply defined as a state of being husband and wife or two individual becoming a single entity. Marriage in Hinduism is seen as a religious sacrament. The legal framework for Hindu marriage is enshrined in the Constitution of India as ‘Hindu Marriage Act,1955’. This personal law is very deep rooted and connected with Hindu rituals, customs and traditions. Recently the Hon’ble Supreme Court came up with a new change challenging the constitutional validity of Hindu marriages as “No ceremonies, No Marriage” making Hindu marriages not a commercial transaction. Court emphasised on inclusion of ancient sacred ceremony such as ‘saptapadi’ to constitute a valid Hindu marriage. Apart from the long days of event , ritual constitute a foundational tie of Hindu marriage, in order to establish a relationship between husband and wife who get this status by marriage. It clearly mentions strict adherence to section 7 of Hindu Marriage Act,1955 which mentions the customary rituals and ceremonies. Court reminded that it is not an event for “song and dance”, “wining and dining”, or a “commercial transaction”, while calling it a “samskara” and a “sacrament” which has to be accorded its status as an institution of great value in Indian society. Court said that We condemn the practice whereby young women and men marry to acquire the status of husband and wife, without the solemnisation of marriage as per the Hindu Marriage Act. Marriage is ‘sacred’ which promises a lifelong connection between two individuals. A significant evolution has been witnessed in Hindu marriages from ancient to modern era. Nowadays to make it more convenient and less cost efficient , a minimal marriage without the rituals are preferred by young generation. The procedure for both tying and untying became very simple. The concept of marriage became very different from the earlier.
KEYWORDS
Hindu marriage, sacrament, rituals, Hindu Marriage Act,1955, court , samskara , ceremonies, saptapadi , solemnization
INTRODUCTION
Marriage comprises of rules and regulations which define the duties and rights and privileges of husband and wife, this definition on marriage is given by Lundberg. It legitimise the sexual union between man and woman. Marriage completes the process of family. From every aspect it establishes a family. Marriage in Hinduism is considered as a necessary ‘samskaras’. Vivaha, the devanagiri term of Hindu marriage is deeply connected with tradition and a life long promise to be together. It is not just unite of two independent individuals but also making a connection between two families. It enters into a enduring heterosexual relationship for procreation. It is one of the universal social institution. From time immemorial marriage have a great importance in Hindu culture. It is both a social and a religious duty. The legal intervention in marriage is to avoid adultery , cruelty, desertion etc. It forbid bigamy, child marriage, practice of sati.
RESEARCH METHODOLOGY
The nature of this paper is descriptive and the research is based on the new judgment of Hon’ble Supreme Court on validity of Hindu marriages. It not only cover the judgement and the related case but also validity of section 7 along with the concept and legal frame work of Hindu Marriage. And the statue also. Several sources like YouTube, journals ,website are used for this research.
REVIEW OF LITERATURE
The concept of Hindu Marriage itself is questioned as it is a sacrament not a social contract like other marriages. Some of the Jurists define it as the indissoluble union of two individuals. According to Pandit Sri Rama Ramanuja Achari in his book ‘THE HINDU SACRAMENT OF MARRIAGE’, he views hindu marriages especially as it transforms the lifestyle of the individual. It brings and creates joys and obligation and new responsibility to life. hindu marriage unites two families, not a contract between two consenting adults. The publication provided a backdrop of complexities, necessities of hindu marriages.
According to Rajneesh Kumar Patel and S K Chaturvedi on ‘Sanctity of Hindu Marriages and Significance of rituals’. Marriage is an institution which is recognised socially . Simply naming as husband and wife or just living as a couple is not enough but to fulfill certain rites,vows are vital too. The legal requirement of marriage is relied on the sacraments and the ceremonial rites are important to discuss
CONCEPT OF HINDU MARRIAGES
Hindu marriage is a socially approved custom. Hindu marriages exist from time immemorial from Vedic period to modern period with some alterations. It is said that there exist sixteen sacraments in shastri Hinduism. From that ‘vivaha sanskara’ is the most precious and sacred one. From time to time , due to westernization , education, hectic and busy lifestyle the rites and rituals has been changed and cut down as per convenience. For Hindus, marriage is a purificatory ceremony or sanskara . Hindu marriages are also called as purification of body or ‘sarira sanskara’. “The animal mates, but man marries”. It means that mating is biological, while marriage is social and culture. Marriage implies a ceremony assumed by those entering their relationship. The shastri marriages and its forms were recognized as valid in ancient times. It includes majorly three forms
- Brahma – the father give away the daughter as a gift popularly known as arranged marriage.
- Gandharva – it constitute of mutual consent popularly known as love marriage.
- Asura – the father virtually sell their daughter popularly known as forced marriage.
These are ancient concept of marriage, these are not followed nowadays. Now the modern period perceive marriage not as a custom but to get a status of husband and wife. The real value and true meaning of marriage has been changed. Now it is not a mutual respectful relationship. The term has been simply converted as becoming just partners which can be untied anytime.
SACRAMENT – THE QUINTESSENCE OF HINDU MARRIAGE
Marriage is not a social contract in Hinduism rather it is considered as a religious sacrament. The reason behind it owes to objectives of Hindu marriage, significant rites and other rituals related to it, core sacred beliefs involved and so on. Dharma is the quintessence of Hindu marriage. Fulfilment of dharma is prime duty. The second objective is the procreation specially to have a male child. The rites includes, mantras and slogans are recited from Vedas the fundamental source ,vagdana means oral promises in front of society, offering homa in the sacred fire which is considered as very pure, the rituals are performed by Brahmin who is at the top most in varna system, kanyadana is the prominent step to five away the daughters as a gift, tying of mangalsurta is the sacred tie which cannot be broken and saptapadi means seven steps together done in front of fire or agni, agni witness these seven pure rounds with certain vows. It makes the marriage complete and valid
The key characteristics of sacrament includes, a lifelong bond with mutual respect to each other and being in all ups and downs till death and even after death, next spotlit point is the tie which hold immense power and cannot be detached. The relation between husband and wife is irrevocable.
MARRIAGE UNDER HINDU LAW
Hindu law perceives marriages as a sacrament and a lifelong bond which stays even after death. It is a connection that transcends generations. Legal sanctity considers it is a divine and religious ceremony. The grund norm for Hindu marriages are their customs , traditions, rituals and practices and hold immense and utmost value to them. Even though in modern period these values of these norms are decreasing but it didn’t came to a state of extinction. A person who is born in a Hindu family which includes every sect of Hinduism is considered as a Hindu and his/her marriage will be governed by societal and legal perspective. The legal framework is governed by the Hindu Marriage Act,1955. It prefers endogamy and a monogamous marriage. The parties entering into a valid marriage must meet conscience, mental capacity, age and other criteria. Divorce, judicial separation, condition, registration and so on are mentioned in Hindu Law marriage. It recognizes all Hindu marriages as mentioned in Article 44 of the Indian Constitution.
HINDU MARRIAGE ACT, 1955
The Hindu Marriage Act is a legislative instrument that governs Hindu marriages in India. It was passed in 1955 by the Parliament of India. This Act applies to Hindus, Buddhists, Jains and Sikhs. This Act excludes Muslims, Christians, Parsi. It is the most imperative piece of legislation for solemnization and registration of marriages. The prominent features includes a person who is Hindu either by birth or conversion, marriageable age , importance of ceremonies and customary rites, prohibits multiple marriages and gives special punishment under section 494, 495 of Indian Penal Code for marrying when one spouse is alive, it mentions registration, ceremonies, conditions, divorce by mutual and petition, restitution of conjugal rights are mentioned under this statute.
SECTION 5 OF HINDU MARRIAGE ACT, 1955
This section deals with ‘conditions’ for a Hindu marriage . some of the conditions are as follows:-
- The parties must have only single spouse at the time of marriage is mentioned in clause (i)
It prohibits bigamy. In Yamunabai v. Anant Rao , Supreme Court held that there is no status of a wife to a second wife as it is null and void. Supreme Court in Sarla Mudgal versus Union of India held that there was no automatic dissolution of marriage by apostasy of a spouse to another religion
- Mental Capacity is covered in clause (ii)
Neither parties incapacity to give legal consent at the time of the marriage stems from mental illness. The two individuals involved must be of sound mind and able to comprehend the obligations and nature of matrimony. Furthermore Neither partner should have a mental illness that precludes them from being a good match for marriage or having children. Neither party ought to have experienced frequent bouts of epilepsy or insanity.
- Age is specified in clause (iii).
Bridegrooms age must be at least 21 and brides age must be at least 18 years old. because this clause guarantees maturity and the capacity to carry out marital duties it establishes the minimum legal age for marriage. The Hindu Marriage Act 1955 does not contain a clause that permits minor children to forego marriage after reaching majority making marriages that violate the third condition voidable. Accordingly in Prema Kumari v. M. Palani (2011) the court held that the contracting party who was a child during their marriage must file a petition before a District Court in order to obtain a decree that will declare such marriage as null and void. This ruling is further supported by the Hindu Marriage Act 1955s Section 13(2)(iv) which establishes grounds for divorce.
- Restricted Levels of Relationships is mentioned in Clause (iv).
It is not necessary for the parties to be in a prohibited relationship unless their respective customs or usages allow for such a marriage. In order to avoid incestuous relationships marriages within specific close familial relationships are forbidden. The Act specifies these relationships and exceptions are only permitted where customary practices allow them.
- Relationship with Sapinda is mentioned in clause (v).
- The parties are not sapindas of one another unless their respective customs or usages approve of the marriage. For clarification a sapinda relationship is one that extends beyond a mothers line of descent to the third generation and a fathers line of descent to the fifth generation. Generally speaking unless customarily permitted marriages within such relationships are forbidden.
In conclusion certain moral ethical and social standards are guaranteed for Hindu marriages under Section 5. These prerequisites are intended to avert polygamy. To protect genetic integrity and social order stay away from close blood relations.
SECTION 7 OF HINDU MARRIAGE ACT, 1955
This section is the most pivotal role in this paper. This section deals with mandatory performance for a valid Hindu marriage. It explains vital ceremonies for the solemnization of Hindu marriages. By performing certain customary rites a Hindu marriage acquires a validity.
Section 7 (1) states that at the time of marriage solemnization, there may be the performance of some customary rites and ceremonies of one of the parties .the husband or wife may perform have to undergo customary rites or ceremonies to render the solemnised marriage valid.
Section 7 (2) explains the procedure of Saptapadi . this holy seven rounds is done before holy fire by reciting certain vows. The word binding as used in this subsection refers to the legal relationship that exists between a husband and wife. It indicates that each party is legally bound to the other and cannot later claim that the other is not their spouse or wife. Neither party may sever this legal relationship at his or her sole discretion. Divorce would be the only way to break free from this knot.
SECTION 8 OF HINDU MARRIAGE ACT, 1955
This is the registration section, where a married Hindu couple in the eyes of law can get their marriage registered. This section empowers the state government to makes rules in this matter. It grants legitimacy to their marriage.
NO CEREMONY NO MARRIAGE- NEW STEP TO VALIDITY OF HINDU MARRIAGE
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. Supreme court observed that absence of valid rites makes Hindu marriage invalid.
A Hindu marriage is not only about joyful events, it is not an event of dance and song or dining and wining but a religious sacrament making it not to be commercial transaction. The bench said that Hindu marriage facilitates procreation and strengthens the family.
It strengthens the feeling of brotherhood among different communities. This marriage is sacred because it provides a life long, dignified, equal consensual and healthy relationship between twopersons.
Hindu marriage is a ‘sanskar’. It cannot be recognized under the Hindu Marriage Act,
1955 unless it is performed with proper rituals and ceremonies.
Registration of marriage under Section 8 of the Hindu Marriage Act facilitates evidence of marriage, but does not give validity to it unless the marriage is solemnized as per section 7 section 7(2) states that such rites and ceremonies include Saptapadi (seven rounds). That is, it is necessary for the bride and groom to take seven rounds jointly in front of the sacred fire. During this, the marriage is completed after the seventh round is taken. In such a situation, the ceremonies required in the Hindu marriage ritual should be as per the applicable customs, with Saptapadi being adopted by the young couple getting married.
Where Hindu marriage is not done with all the rituals like Saptapadi, it cannot be considered a Hindu marriage. There is no such thing as a better half in marriage, rather both husband and wife live as complete selves. We condemn the practice whereby young women and men marry to acquire the status of husband and wife, without the solemnisation of marriage as per the Hindu Marriage Act.
DOLLY RANI V. MANISH KUMAR CHANCHAL
The party are presented before the court and have been identified by their respective counsel.The matter approached the Hon’ble Supreme Court by a couple who were commercial pilots by profession . they had a marital discord between them. They solemnized their marriage in July 2021 by a marriage certificate obtained from a local religious institution. Later under the Uttar Pradesh Marriage Registration Rules, 2017 they registered their marriage. In order to have a ceremonial wedding , their families fixed to have a marriage in October 2022. However, before the ceremonial marriage they had disagreements between them and a case of dowry harassment was filed by the woman. In march 2023, them moves divorce petition in Muzaffarpur family court. Woman approaches Supreme Court to transfer this case to Jharkand. The woman lawyer claimed that the marriage was not performed as per rituals and in the eyes of law it is invalid. Thus , he couldn’t move for divorce. After much discussion, they together approached Supreme Court to declare their marriage as invalid as per Article 142. The court held it’s decision by declaring the certificate as ‘null and void’. It also quashed divorce petition filed by the man and the case of maintenance forwarded by the woman. The dowry case was also quashed. Court held that the promises made to each by the parties to a Hindu marriage and the oath taken by them to remain friends forever lay the foundation for a life-long commitment between the spouses which should be realized by them. It declared that both of them were not married.
RELEVANT CASE LAWS
SMRITI SINGH AND 3 OTHERS V. STATE OF UP AND ANR (2023)
This is another judgement which upheld the validity of Hindu ceremonies as a core element of Hindu marriages. This judgement came in the year 2023, upholding the ceremony of saptapadi for a valid Hindu marriage. Smriti Singh Alias Mausami Singh is the complainant. Her husband filed a complaint that he solemnized marriage with the applicant and now she entered into a second marriage without taking divorce from the complainant. The applicant contended that it was not done as per rituals mentioned under section 7 clause 2 of the Hindu Marriage Act. Therefore, the charges of bigamy cannot be imposed.
The Allahabad High Court noted that it is insufficient to conclude that a marriage occurred and that all required rites and rituals were carried out in the event that there is a disagreement on whether or not a marriage actually occurred. It is difficult to determine whether the “Saptapadi ceremony,” a necessary component of a Hindu marriage that must be carried out for the union to be legally recognised, was carried out in the absence of convincing proof. With this, the bench of Justice Sanjay Kumar Singh allowed a petition filed by one Smriti Singh challenging the entire proceedings
SURJIT KAUR V. GARJA SINGH (1993)
In this case court held that living together does not give the tag of marriage. A long-term cohabitation without the observance of religious rites would not qualify as a lawful marriage.
S.NAGALINGAM V. SIVAGAMI (2001)
The Hon’ble Supreme Court upheld that saptapadi ceremony is vital . where Saptapadi is not executed but other rituals have been accomplished bestowing to the tradition of either party, a legal marriage has been sanctified.
CONCLUSION
Hindu marriages are sacraments that are sanctified in God’s presence by reciting Vedic mantras in order to complete social and religious obligations and achieve moksha. Hindu marriage is therefore scientifically intended to control and uphold social order by safeguarding children as well.
As the elderly parents truly understood every aspect of human life, maintaining the happiness, prosperity, and success of the country. As a result, the value of a woman has endured throughout history. Social changes throughout time have caused the idea of marriage to shift from a sacrament to a contract. It has also been impacted by the emergence of diverse relationships that are marriage-related, which has an effect on the stability and quality of
marriage and the institution of marriage worsening in terms of married people’s less developed relationships, influence on marital decisions, and married people’s estrangement from their families. Not all of the ceremonies must be completed in order for a marriage to be legally recognised as solemnised. According to the Hindu Marriage Act of 1955, each partner is free to carry out the rituals required for a marriage to be legally recognised. Furthermore, because Indian civilization is diverse, the legislation does not specify or offer a rigid formula for what these mandatory ceremonies are. The essential requirement for completing or solemnising a marriage is that the ceremony, whether performed by the bride or the groom, must be vital and essential.
AUTHOR: Aiswini R Pillai, Student of Lloyd Law College, Greater Noida.