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Context

• The Supreme Court has said mere registration of marriage in absence of a proper ceremony would not be valid under the Hindu Marriage Act, which recognises it as 'samskara', a sacrament to be followed assiduously, strictly and religiously.

Observations of the Supreme Court

• In recent years, the Supreme Court came across several instances where for “practical purposes”, a man and a woman with the intention of solemnisation of their marriage at a future date seek to register their marriage on the basis of a document.
• The Supeme Court noted that parents of young couples agree for registration of a marriage in order to apply for Visa for emigration to foreign countries where either of the parties may be working “in order to save time” and pending formalising a marriage ceremony. Such practices have to be deprecated.

Case in point

• Hearing a transfer petition, the court noted the couple, who worked as commercial pilots, acquired a marriage certificate and used it for registration of marriage under the Uttar Pradesh government rules.
• They had then decided to perform the marriage ceremony on a future date in October, 2022, but meanwhile differences cropped up among them, resulting into filing of multiple cases including dowry harassment and divorce.

Ruling of the Supreme Court

• It said any registration of a marriage as per the rules made by the state government would not be evidence of a Hindu marriage.
• The court stressed marriage is sacred under the Hindu Marriage Act for it provides a lifelong, dignity-affirming, equal, consensual and healthy union of two individuals.
• Emphasising sacredness of the institution of marriage in Indian society, the bench said, a 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.
• In the absence of there being any such marriage in accordance with Section 7 of the Act, a certificate issued in that regard by any entity is of no legal consequence.

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.

• The court said marriage is considered to be an event that confers salvation upon the individual especially when the rites and ceremonies are conducted.
• The customary ceremonies, with all its attendant geographical and cultural variations is said to purify and transform the spiritual being of an individual.
• The bench said the Hindu Marriage Act, 1955 solemnly acknowledges both the material and spiritual aspects of this event in the married couple’s lives.
• Besides providing a mechanism for registration of marriages in order to confer the status of a married couple and acknowledge rights in personam and rights in rem, a special place is given to rites and ceremonies in the Act.
• The genesis of a sacred process cannot be a trivial affair. The sincere conduct of and participation in the customary rites and ceremonies under Section 7 of the Hindu Marriage Act, 1955 ought to be ensured by all married couples and priests who preside over the ceremony.
• The promises made to each by the parties to a Hindu marriage and the oath taken by them to remain friends forever lay the foundation for a life-long commitment between the spouses which should be realised by them.
• If such commitment to each other is adhered to by the couple, then there would be far fewer cases of breakdown of marriages leading to divorce or separation.

Arguments in Favor of the Supreme Court's Position:

• Preservation of Cultural Heritage: Upholding the requirement of a ceremony preserves the rich cultural heritage associated with Hindu marriages, preventing dilution or erosion of traditional practices.
• Clarity in Legal Recognition: Requiring a ceremony ensures clarity in determining the validity of marriages under the Hindu Marriage Act, avoiding ambiguity or disputes regarding the legitimacy of marital bonds.
• Respect for Religious Sentiments: Recognizing the sacramental aspect of marriage acknowledges and respects the religious sentiments of individuals, reflecting the secular ethos of the Indian legal system.
• Prevention of Abuse: In recent years, the Supreme Court has encountered instances where couples seek to register their marriage solely for "practical purposes", such as for visa applications or emigration. The Court rightly noted that such practices, aimed at circumventing traditional ceremonies, need to be deprecated. By insisting on the ceremonial aspect, the Court discourages exploitation of the legal system for convenience, ensuring that marriages are solemnized with due reverence and commitment.

Arguments Against the Supreme Court's Position:

• Modernization and Adaptation: In an evolving society, where notions of marriage are evolving, the insistence on traditional ceremonies may impede individuals' rights to choose alternative forms of solemnizing their union.
• Legal Formalism vs. Substance: Focusing solely on the formality of ceremonies overlooks the substantive aspects of a marital relationship, potentially disregarding valid unions based on mutual consent and understanding.
• Access to Legal Rights: Strict adherence to traditional ceremonies may hinder individuals, particularly from marginalized communities, from accessing legal rights and protections associated with marriage, thereby perpetuating social inequalities.

Conclusion:

• The Supreme Court's ruling reaffirms the sacred nature of marriage under the Hindu Marriage Act, emphasizing the importance of traditional ceremonies in establishing marital bonds.
• While this decision upholds cultural and religious values, it also raises pertinent questions regarding individual autonomy and access to legal rights.
• Balancing tradition with modernity remains essential in evolving legal frameworks concerning marriage, ensuring inclusivity and equity in marital relationships.

PRACTICE QUESTION Discuss the significance of the sacramental aspect of marriage under the Hindu Marriage Act, as highlighted by the Supreme Court. Provide arguments both in favor and against the Court's position, considering its implications on the legal and social aspects of marriage in India.