New Delhi The Supreme Court has issued a stern reminder about the sanctity of marriage, criticising the trend of reducing weddings to mere “song and dance” and “wining and dining”, while adding that such functions should be approached with reverence rather than extravagance.
A bench of justices BV Nagarathna and Augustine George Masih underscored the cultural and legal significance of wedding ceremonies in Indian society and reinforced the need for adherence to these traditions to uphold the sanctity of the institution.
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“A marriage (wedding) is not an event for ‘song and dance’ and ‘wining and dining’ or an occasion to demand and exchange dowry and gifts by undue pressure leading to possible initiation of criminal proceedings thereafter. A marriage is not a commercial transaction. It is a solemn foundational event celebrated so as to establish a relationship between a man and a woman who acquire the status of a husband and wife for an evolving family in future which is a basic unit of Indian society,” said the bench in a recent decision.
It added: “We urge young men and women to think deeply about the institution of marriage even before they enter upon it and as to how sacred the institution of marriage is in the Indian society.”
The court’s remarks came in a case involving a couple whose marriage certificate was issued without evidence of the required ceremonial rites, specifically the “saptapadi” or the taking of seven steps before a sacred fire, which is essential for a marriage to be binding among Hindus.
According to the 1955 Hindu Marriage Act, the completion of specific rites, including the “saptapadi”, is mandatory for a Hindu marriage to be acknowledged legally. The judgment emphasised that simply registering a marriage without the performance of these rites does not confer upon it the legitimacy of a Hindu marriage under the law.
“A Hindu marriage is a sacrament and has a sacred character… A wife is considered to be half of oneself (ardhangini) but to be accepted with an identity of her own and to be a co-equal partner in the marriage. There is nothing like a ‘better-half’ in a marriage, but the spouses are equal halves in a marriage. In Hindu law, as already noted, marriage is a sacrament or a samskara. It is the foundation for a new family,” said the bench.
Stressing that solemnisation of a marriage as per the law is a must for a valid marriage, the court said: “We deprecate the practice of young men and women seeking to acquire the status of being a husband and a wife to each other and therefore purportedly being married, in the absence of a valid marriage ceremony under the provisions of the Act.”
The court also highlighted the issue of couples seeking to register their marriage under the guise of a solemnised union, particularly for practical benefits such as visa applications, without actually conducting a valid wedding ceremony.
“Such practices have to be deprecated. What would be the consequences if no such marriage was solemnised at all at a future date? What would be the status of the parties then? Are they husband and wife in law and do they acquire such status in society?” said the court, reiterating the essential legal standards and the sacredness required for Hindu marriages.
The bench also highlighted the broader implications of such cases where the societal and legal recognition of a union as a marriage impacts various rights and duties, including the legitimacy of offspring and inheritance rights.
It clarified that without these ceremonies, a marriage cannot be recognized under Hindu law, regardless of the issuance of any marriage certificates. “Unless the parties have undergone such ceremony, there would be no Hindu marriage according to Section 7 of the Act and a mere issuance of a certificate by an entity in the absence of the requisite ceremonies having been performed, would neither confirm any marital status to the parties nor establish a marriage under Hindu law,” it held.
In the present case, the court allowed the couple to separate and quashed the 2021 marriage certificate issued to them by a registered society in Uttar Pradesh, holding that simply registering a marriage without the performance of essential rites did not confer upon it the legitimacy of a Hindu marriage.
Recently, another Supreme Court bench, comprising justices Surya Kant and PS Narasimha, voiced deep concern over the current state of matrimonial bonds in the country, observing a troubling trend in which a number of couples were approaching the judiciary without making substantial efforts to uphold their marital commitments or resolve their differences amicably.
A significant influx of petitions related to divorces and quashing criminal cases filed between spouses, the court said on April 25, highlights a disturbing pattern. It pointed out that the ease with which couples turn to the courts, often without attempting to live together or reconcile differences, may undermine the very foundation of marital unity and stability. “We are amazed to see what kind of marriages are taking place now. They marry in 2021; by 2022 and 2023, they are filing cases against each other; and in 2024, we have transfer petitions before us,” the bench said on the day.
