Hindu marriage invalid without Customary Rituals

Context (TOI I IE): The SC has ruled that adherence to prescribed rituals under the Hindu Marriage Act is essential for the validity of the marriage, even after registration.
The couple’s marriage was registered under the Hindu Marriage Act, 1955 (HMA), even before they performed the wedding rituals.

SC’s Observations

Section 7 of the Act lists ‘ceremonies of a Hindu marriage’, which must be complied with for the marriage to be valid. If this is not done, the marriage is not deemed valid in the eye of the law.
- Where a Hindu marriage is not performed in accordance with the applicable rites or ceremonies, such as ‘saptapadi,’ it will not be construed as a Hindu marriage.
Hindu marriage is a ‘samskara’ and a sacrament that has to be accorded its status as an institution of great value in Indian society.
A marriage is not a commercial transaction. It is a significant event marking the beginning of a marital bond between a man and a woman, forming the foundation of a family, the fundamental unit of Indian society.
The Hindu Marriage Act has categorically discarded polyandry, polygamy, and all other such types of relations.

Section 7 acknowledges the diversity of Hindu customs and traditions.
It states that a Hindu marriage may be solemnised in accordance with either party’s customary rites and ceremonies, allowing for flexibility and personalisation.

Solemnising a marriage refers to the performance of an official marriage ceremony with appropriate rituals.
Marriage in India is primarily governed by a gamut of personal laws and the Special Marriage Act of 1954 (SMA).
Personal laws are essentially practices ordained by religion. Each religion has its own set of ‘requirements’ for marriage — a marriage is ‘valid’ when these requirements are met.
- For instance, for Hindus (and Christians), marriage is a sacrament, i.e., a religious bond. Rituals such as kanyadaan, panigrahana, saptapadi, or other local customs solemnise a Hindu marriage.
- For Christians, a ceremony in the Church based on local customs is regarded as a valid marriage.
Under Muslim law, however, marriage is essentially a contractual obligation.
- A valid marriage requires the consent of both parties in writing and the presence of witnesses.
- In practice, this includes both parties giving vocal consent and signing a nikahnama (Islamic marriage contract) in the presence of witnesses and a Qazi.

Commonly used terms like ‘court marriage’ or ‘registered marriage’ refer to a non-religious or civil marriage under the SMA, a secular law.
- A marriage ‘performed’ under this law is essentially a solemnisation in ‘court’ (a registrar’s office) without any rituals.
A marriage without any rituals is only valid under the SMA.
Registration of a marriage, after it is solemnised as per rituals, is different from a registered marriage.

Section 8 of the HMA gives powers to the state to register marriages solemnised as per the requirements of Section 7.
The Indian Christian Marriage Act of 1872 governs Christian marriages, and Muslims use a nikahnama issued by a Qazi to establish marriage terms; despite lacking statutory status, it’s widely adopted.
Separately, several states, including Assam and Jammu & Kashmir, have their laws for the registration of Muslim marriages and divorce, although their application is scarce.

Entry 5 and Entry 30 of the Concurrent List in the IC’s Seventh Schedule, jointly or separately, deal with marriage registration.
The Births, Deaths and Marriages Registration Act of 1886 does not have a robust application to marriage, unlike the effort to record births and deaths.
States have their laws, and in some states, like Karnataka and Delhi, marriage registration is mandatory.

Entry 5 of the Concurrent List in the Constitution’s Seventh Schedule deals with marriage and divorce.
Entry 30 deals with vital statistics, including registration of births and deaths.

A certificate of marriage registration is helpful for various official purposes where either spouse needs to declare that they are married, such as applying for a spousal visa or joint medical insurance.
However, not registering a marriage cannot be the sole ground for declaring it invalid since registering a marriage itself does not make it valid.
A ‘valid’ marriage as per rituals might be vital in determining who is a rightful spouse when there are claims by multiple cohabiting partners.
- These aspects become crucial in bigamy trials and inheritance suits.

In a bigamy case, a man has to prove that one of his marriages is not valid and not to be charged for marrying twice.
In an inheritance case, the validity of a marriage is questioned to disinherit a spouse.

A marriage certificate has corroborative value but is not conclusive evidence of marital validity; in contested cases, it alone is insufficient evidence.
- An exception to this is a certificate under the SMA, which is “conclusive” proof of marriage.
Proof of valid marriage rituals (e.g., photos, witnesses) and long-term cohabitation recognised by family, friends, or children serves as evidence of a valid marriage.

Section 13(2) of the SMA states that a certificate entered in the Marriage Certificate Book by the Marriage Officer provides conclusive evidence of marriage solemnisation under this Act.

In Muslim and Christian marriages, registration takes place almost immediately after solemnisation with witnesses present, which makes it more reliable as evidence.
In a Hindu wedding, the priest performing the ceremony does not routinely certify the marriage.
- In law, there exists a general presumption of marriage when a man and woman have cohabited continuously, even if there is no direct evidence of marriage.
- Section 114 of the Indian Evidence Act allows the Court to presume facts based on everyday natural events, human behaviour, and public and private affairs in relation to the case.