May 2, 2024
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:
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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