The Gujarat High Court has delivered a landmark judgment stating that a Hindu marriage cannot be considered legally valid solely based on registration. The court emphasized that a marriage is only recognized by law when essential Hindu traditional rituals, including the Saptapadi (seven steps around the sacred fire), are properly performed.
In a ruling delivered on June 23, a division bench comprising Justices Ilesh Vora and R.T. Vachhani observed that a Hindu marriage is not merely a formal event but a deeply religious sacrament and a sacred bond.
Background of the Case
The ruling came during a petition filed by Kaushal Sonar, an NRI residing in Britain, who approached the court seeking a declaration to void his marriage to an Ahmedabad-based woman. Sonar claimed he only discovered the marriage when the woman presented a marriage certificate to his parents, asserting she was his legal wife.
He argued that his signatures on the marriage documents were obtained without his genuine consent. Furthermore, he stated that no traditional Hindu wedding rituals had ever taken place, and the couple had never lived together as husband and wife.
The High Court’s Observations
The High Court pointed out an error in the family court's decision, which had previously dismissed the man's petition despite the woman herself admitting before it that no wedding rituals had taken place and they had never cohabited.
Invoking Section 7 of the Hindu Marriage Act, 1955, the High Court clarified that a Hindu marriage must be solemnized in accordance with customary rites and ceremonies. The bench emphasized that the Saptapadi is a crucial and inseparable part of a Hindu wedding, and it is only upon the completion of these rites that a marriage gains religious, social, and legal validity.
Marriage is More Than Song and Dance
The High Court further observed that a Hindu marriage is not just about songs, dances, feasts, or commercial transactions. According to an NDTV report, the court stated that marriage is a sacred institution where two individuals build a lifelong partnership based on equality, mutual consent, respect, and a healthy relationship.
The court added that in Hindu tradition, a wife is revered as an Ardhangini (the other half). As the foundation of a new family, the institution of marriage holds the status of a sacred religious sacrament.
