Ceremonies for a Hindu

marriage

Section 7 of H.M Act,1955

Ceremonies for a Hindu marriage:
(1) A Hindu marriage may be solemnized 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 the
bride jointly before the sacred fire), the
marriage becomes complete and binding
when the seventh step is taken.

According to sec.7:
- Hindu marriage must have been solemnised in
accordance with ceremonies of at least one of the
parties to the marriage.
- Act did not prescribe any form of ceremonies.
- Parties can also observe customary ceremonies
which differ from caste to caste.

There are two widely accepted ceremonies of

Hindu marriage:
1. Kanyadan: A gift of the bride given by her father
to the bridegroom.

2.Saptapadi: Taking of seven steps by the

bridegroom and the bride jointly before the sacred fire.

Some incidental ceremonies:

Ganapati puja - not to create any obstacles
Graha yagna - nava graha puja
Kankana Bandhana Kankana or Raksha is
tied and they will not be affected by pollution

Laja homa pray for long life and prosperity.

Sankalpa resolution by Bridegroom to take
care his wife.

Non observance of ceremonies

validity of a marriage under H.M Act.
Deivain Achi v. Chidaram chettiar (AIR
1954 MAD657)

Facts of the case: Marriage was solemnised

between a widow and widower under auspices of
an Anti Purohit Association by exchanging
garlands and rings in the presence of elders and
friends. They read a declaration to share joys
sorrows of each other. As the members of Anti
Purohit Association, the customary rites and
ceremonies were not performed.

A few years after the marriage, The wife and

her heirs challenged the validity of marriage on
the ground that no ceremonies of marriage were
performed.

Judgment:

The Division Bench of Madras High

court rejected the contention that the exchange
of garlands is sufficient for a valid marriage .
And held that there was no valid marriage
between the parties since the customary
ceremonies were not performed.

Principle: The marriage ceremonies for Hindu

marriage are mandatory to constitute valid
marriage.

Priya Bala Ghosh vs Suresh Chandra Ghosh

(AIR 1971 sc 1153)

Facts of the case:

The appellant (first wife)filed a complaint against
her husband (respondent)under sec. 494 of I.P.C.
The trial court convicted the respondent. In appeal,
the Sessions Court acquitted the respondent on
the ground that there was no evidence of the
performance of Homo and Saptapadi, which were
essential rites to be performed for solemnisation
of a marriage. High court of Calcutta also confirmed
the acquittal. Finally she moved to Supreme Court
by a special leave petition.

Judgment:
The Supreme Court held that the prosecution has
to prove that the alleged second marriage had been
duly performed in accordance with the essential
religious rites applicable to the form of marriage
gone through by the parties and that the said
marriage must be a valid one according to law
applicable to the parties.
Further according to sec.7 of H.M Act, Homo and
Saptapadi are the essential rites for a marriage and
that there is no evidence that these two essential
ceremonies have been performed when the
respondent is stated to have married again. Hence,
petition is dismissed.

S. Nagalingam v Sivagami (AIR 2001 SC 3576)

Saptapadi is not necessary ceremony for

Hindus in Tamilanadu as there is an
Amendment to sec.7
The Supreme Court held that Saptapadi" is an
essential ceremony for a valid marriage only in cases
it was admitted by the parties that as per the form of
marriage applicable to them that was an essential
ceremony. The appellant in the instant case,
however, had no such case that "Saptapadi" was an
essential ceremony for a valid marriage as per the
personal law applicable whereas the provisions
contained in Section 7-A are applicable to the parties.

Section 8 - Registration of Hindu marriages

According to this section:
- Registration is for the purpose of facilitating the
proof of Hindu marriage.
- The particulars relating to the marriage may be
entered in a Marriage Register maintained under
the rules made by state Govt.
- It is open to the State Government to make
registration of marriage compulsory.( A.P Act,2002)
- Marriage register shall be open for inspection and
statements therein shall be admissible as evidence.
- Omission to register the marriage does not effect
the validity of marriage.

All marriages are compulsorily registrable Supreme Court directions.

Seema v. Aswani Kumar (AIR 2006 SC 1158)

Marriages of all persons who are citizens of India

belonging to various religions should be made
compulsorily registrable in their respective States,
where the marriage is solemnized.
Though most of the States have framed rules
regarding registration of marriages, registration of
marriage is not compulsory in several States. If the
record of marriage is kept, to a large extent, the
dispute concerning solemnization of marriages
between two persons is avoided.

The legislative intent in enacting Section 8 of the

Hindu Act is apparent from the use of the
expression for the purpose of facilitating the proof
of Hindu Marriages. As a natural consequence, the
effect of non registration would be that the
presumption which is available from registration of
marriages would be denied to a person whose
marriage is not registered.
Accordingly Supreme Court directed the States
and Central Government to make registration of a
marriage as compulsory.
(CEDAW, 1979 by U.N.O- Art.16 )

Whether a marriage between a

Hindu and other professing other
religion is valid under the provisions
of the Hindu Marriage Act.