Registration, certificate not enough; Hindu marriage invalid sans rites, rituals: Gujarat HC

Gandhinagar: Setting aside a ruling of the family court, the Gujarat High Court has observed that mere registration and issuing a certificate without performance of “rites and rituals” doesn’t constitute a valid Hindu marriage.

Declaring a marriage “null and void ab initio” as “no rites and rituals were performed and no lawful marriage was solemnised between the parties”, though the same was registered and a certificate was issued, a division bench of the Gujarat High Court, comprising Justices Ilesh J Vora and RT Vachhani, observed that “under Hindu law, a marriage is valid only if the essential rites and ceremonies required by law are performed.”

Section 7 of the Hindu Marriage Act of 1955 states that “ceremonies for a Hindu marriage — (1) A Hindu marriage may be solemnised in accordance with the customary rites and ceremonies of either party thereto; (2) Where such rites and ceremonies include the Saptapadi (that is, the taking of seven steps by the bridegroom and bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken”.


The bench observed that “in the context of Saptapadi in a Hindu marriage, the Rig Veda states that after the seventh step is completed, the bridegroom says to the bride: “With seven steps we have become friends (sakha). May I attain friendship with you and may I never be separated from that friendship.”

“In Hindu tradition, a wife is regarded as one-half of her husband (ardhangini), while at the same time being recognised as an individual with her own identity and as an equal partner in the marriage. Under Hindu Law, marriage is considered a sacrament or samskara. It forms the foundation of a new family”, the bench observed, adding that “a Hindu marriage is a samskara and a sacrament, and it must be given its due status as an institution of great importance in Indian society.”

The court urged “young men and women to carefully consider the institution of marriage before entering into it and to understand the sacred nature of this institution in Indian society.”

“Marriage is not merely an occasion for ‘song and dance’ or ‘wining and dining’. Marriage is not a commercial transaction. It is a solemn and foundational event through which a man and a woman enter into a relationship as husband and wife for the purpose of building a family in future, which is the basic unit of Indian society,” it said.

“A Hindu marriage facilitates procreation, strengthens the family unit, and promotes the spirit of fraternity among different communities. Above all, marriage is sacred because it creates a lifelong, dignified, equal, consensual, and healthy union between two individuals. It is also regarded as an event that helps an individual attain salvation, particularly when the prescribed rites and ceremonies are performed. The customary ceremonies, despite their geographical and cultural variations, are believed to purify and transform the spiritual being of an individual,” it added.

The appellant, a resident of the United Kingdom, challenged a marriage claim from the defendant, a resident of Ahmedabad, on the grounds that he learned of the alleged marriage only after the defendant presented a marriage certificate to his parents.

Denying having ever married the defendant, performed any Hindu marriage ceremonies, or lived with her as husband and wife, the appellant alleged that his signature on marriage-related documents was obtained fraudulently by the defendant’s father through inducement or threats.

During Family Court proceedings, the defendant admitted that no marriage ceremonies were performed and that no marital relationship existed, yet the court had rejected the appellant’s plea for a decree based on these admissions.