In a recent ruling, Justices B V Nagarathna and Augustine George Masih emphasized the sacredness of Hindu marriage as a ‘samskara’ or sacrament, highlighting its profound significance in Indian society. They stressed that for a Hindu marriage to be recognized under the Hindu Marriage Act, 1955, it must be conducted with the appropriate ceremonies.
The court emphasized that a Hindu marriage transcends mere social celebration; it is a solemn and foundational union between two individuals. The justices urged young men and women to contemplate deeply the institution of marriage and its sacredness before embarking on it. They discouraged practices like dowry demands, emphasizing that marriage is a sacred event that establishes a lifelong, equal, and consensual union.
Exploring the legal aspects, the court clarified that a Hindu marriage must be performed with the proper rites and ceremonies, including the ‘saptapadi’ or seven steps taken around the sacred fire by the bride and groom. Without these essential rituals, a marriage cannot be considered solemnized under the Act.
The court also cautioned against the growing trend of couples registering marriages for practical purposes without actually solemnizing them according to the Act. It stressed that registration alone does not confer the status of marriage; adherence to customary rites and ceremonies is essential for a valid Hindu marriage.
Overall, the court’s ruling reaffirms the sacred nature of Hindu marriage and underscores the importance of adhering to traditional ceremonies and values in solemnizing marriages.
