No '7 phere' means no Hindu marriage, says Supreme Court's new ruling
The Supreme Court emphasized the sanctity of Hindu marriage, stating that it's not merely a social event but a sacred sacrament with deep cultural significance. In a recent ruling concerning two pilots seeking divorce without a valid marriage ceremony, the court underscored that marriage isn't about festivities or material exchange but signifies the foundation of a lifelong, dignified, and equal partnership.
Fri, 28 Feb 2025
The Supreme Court clarified the requirements for a Hindu marriage under the Hindu Marriage Act. The court stated that a Hindu marriage cannot be recognized in the absence of a valid ceremony, such as saptapadi, which involves the couple taking seven steps around a sacred fire. The court emphasized that a Hindu marriage is a 'samskara' and a sacrament, and should be treated as an institution of great value in Indian society.
In a significant ruling in April 2024, the Supreme Court of India emphasized that for a Hindu marriage to be legally valid under the Hindu Marriage Act of 1955, it must be solemnized with the appropriate rites and ceremonies, such as saptapadi—the ritual of taking seven steps around the sacred fire. The Court clarified that merely obtaining a marriage certificate without performing these essential ceremonies does not confer legitimacy to the union.
However, in a contrasting decision in October 2024, a family court in Vadodara upheld the validity of a Hindu marriage even in the absence of the saptapadi ritual. The couple had performed other customary rites, including sindoor daan (application of vermilion), exchange of garlands (jaimala), and the mangalsutra ceremony. The court recognized these rituals as sufficient for a valid marriage under their specific community customs.
These differing judgments highlight the importance of adhering to customary rites and ceremonies pertinent to the couple's community to ensure the legal validity of a Hindu marriage.
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