Context

There is a certain misunderstanding of the Supreme Court judgment pronounced recently in Dolly Rani v Manish Kumar Chanchal that if no saptapadi ceremony is performed, a Hindu marriage between two people cannot be considered valid. 

No Saptapadi Ceremony Means No Hindu Marriage, Says Supreme Court’s New Ruling

• Petition for Marriage Invalidity Declaration: A petition was filed by a Hindu woman seeking a transfer of divorce proceedings from Muzaffarpur in Bihar to Ranchi in Jharkhand. 
  • The couple jointly applied for a declaration that their marriage was not valid since no customs or rites were performed. 
• Marriage Solemnisation: They claimed to have solemnized their marriage in Uttar Pradesh based on a “marriage certificate” obtained from Vaidik Jankalyan Samiti — a local religious organization.
  • Relying on this certificate, they acquired a “Certificate of Registration of Marriage” under the Uttar Pradesh Marriage Registration Rules, 2017, and completed their marriage registration pursuant to Section 8 of the HMA. 
• Invocation of Article 142 for Marriage Nullification: The couple approached the Supreme Court with a plea to exercise its plenary powers under Article 142 of the Constitution to declare the marriage void. 
  • Article 142 empowers the apex Court to do “complete justice” between the parties at times when the law or statute may not provide a remedy.

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The Supreme Court Ruling

• Required Rites under Section 7 of the HMA: For a Hindu marriage to be recognized legally, documentation of the performance of the necessary rites under Section 7 of the HMA, including the saptapadi, was required. 
  • In cases where saptapadi has been followed, the marriage becomes final and legally binding upon the completion of the seventh step.
  • In accordance with Hindu law, a marriage cannot be recognized in the absence of these rites, even if marriage certificates are issued.
• Lack of Legitimacy in Registering Marriages in Absence of Saptapadi Ceremony: If a certificate claims that the couple underwent marriage but the ceremony wasn’t conducted as per Section 7 of the Act, then registering such a marriage under Section 8 wouldn’t confer legitimacy to it.

Challenge with the Ruling

• Saptapadi Not Sole method of Solemnizing Marriage: Ritual of Saptapdi cannot be interpreted as the sole method of solemnizing a marriage.  
  • The Court merely restated what is evident from a plain reading of the Section, which states that the ceremonies necessary to formally sanctify a Hindu marriage must follow the relevant usage or customs.
• Overlooking Other Marriage Validation Ceremonies: The Court did not outline in the judgment that there could be other ceremonies to validate the marriage. 
  • It overlooked certain customary practices where no elaborate ceremonies are performed beyond the exchange of garlands.
  • Ex- In Tamil Nadu, marriages are solemnized through the suya mariyadhai (self-respect) form introduced by an amendment to the Hindu Marriage Act, 1955, under Section 7(a).

Related Previous Judgements

S. Nagalingam v. Sivagami (2001): Tamil Nadu passed an amendment to HMA in 1967 simplifying marriage ceremonies. 

• Hindu Marriage (Tamil Nadu Amendment) Act, 1967: This amendment modified the Hindu Marriage Act of 1955, by inserting Section 7-A into it. However, it extended only to the state of Tamil Nadu.
  • Section 7-A/ Self-Respect Marriages: It deals with the special provision on “self-respect and secular marriages”. It legally recognises “any marriage between any two Hindus”, which can be referred to as “suyamariyathai” or “seerthiruththa marriage” or by any other name.
• Ilavarasan v The Superintendent of Police and Others (2023): The Court stated that a subsequent ruling of the High Court in Balakrishnan v The Inspector of Police (2014), which deemed a suya mariyadhai marriage conducted in secrecy invalid, was incorrect. 
  • Imposing the requirement of a public declaration narrows the broad scope of the statute but also violates rights protected under Article 21 of the Constitution.”

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Conclusion

The understanding and application of marriage laws in India require careful consideration of religious diversity and societal expectations. 

• While recent judgments and legal provisions shed light on the significance of adherence to rituals and registration processes, further clarification regarding the recognition of alternative marriage customs and the evidentiary value of marriage certificates is needed.

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