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May 2, 2024

DLC-2 May 2024 Hindu marriage not valid ‘unless performed with ceremonies in proper form’: SC

Why in News?  The Supreme Court has recently  ruled that a Hindu marriage is a ‘samskara’ or sacrament and cannot be recognised under the Hindu Marriage Act, 1955 “unless performed with ceremonies in the proper form”.

 Key points of the Court:

  • A Hindu marriage is a sacrament which has to be accorded its status as an institution of great value in Indian society.
  • Young men and women to think deeply about the institution of marriage even before they enter upon it and as to how sacred the said institution is, in Indian society”.
  • A (Hindu) marriage 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.
  • A Hindu marriage facilitates procreation, consolidates the unit of family and solidifies the spirit of fraternity within various communities.
  • After all, a marriage is sacred for it provides a lifelong, dignity-affirming, equal, consensual and healthy union of two individuals.
  • It is considered to be an event that confers salvation upon the individual especially when the rites and ceremonies are conducted.”

 

About Section 7(1) of the Hindu Marriage Act, 1955:

·         Section 7(1) of the Hindu Marriage Act, 1955 pertains to the eligibility criteria for marriage under the Act.

·         It states that a Hindu marriage may be solemnized between any two Hindus if neither party has a spouse living at the time of the marriage.

·         This section essentially lays down the conditions for a valid Hindu marriage regarding the marital status of the parties involved.

About Section 7(2) of the Hindu Marriage Act, 1955:

·         Section 7(2) of the Hindu Marriage Act deals with the conditions for a marriage between a Hindu and a person who is not a Hindu.

·         It specifies that a marriage between a Hindu and a person who is not a Hindu may be solemnized under this Act only if such marriage is performed in accordance with the customary rites and ceremonies of either party.

·         This section outlines the provisions for inter-faith marriages under the Hindu Marriage Act.

 

 

 

 


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