In an important ruling clarifying what legally constitutes a Hindu marriage, the Supreme Court on 19.04.2024 held that a marriage certificate by itself cannot create the status of husband and wife unless the essential Hindu marriage ceremonies are actually performed. The Court declared that without any rituals or traditional rites, registration of a marriage would be legally meaningless.The ruling was delivered by Bench of Justice B.V. Nagarathna and Justice Augustine George Masih in Dolly Rani v. Manish Kumar Chanchal, where the Court used its extraordinary powers under Article 142 of the Constitution and declared that the parties were never legally married despite possessing a marriage certificate.Factual BackgroundThe Petitioner- woman and Respondent- man, both trained commercial pilots, were engaged on 07.03.2021. They claimed in their own words, instead of immediately performing marriage as per traditional Hindu ceremony, they obtained a marriage certificate dated 07.07.2021, from a private organization called Vadik Jankalyan Samiti (Regd.). And later, based on that certificate, obtained a certificate of registration of marriage in Uttar Pradesh as per rules.However, the actual Hindu wedding ceremony was fixed by the families of both, much later, on 25.10.2022. Before that ceremony could take place, serious differences emerged between the parties. The Petitioner-woman made allegations of dowry demands against the Respondent-man and his family members, and on 17.11.2022, filed an FIR, against them under Sections 498A, 420, 506, 509 of the IPC along with the Dowry Prohibition Act.Later, in March, 2023, the Respondent-man petitioned a divorce in the Family Court at Muzaffarpur, Bihar under Section 13(1) (ia) of the Hindu Marriage Act. Aggrieved by this, the Petitioner-woman approached the Hon’ble Supreme Court seeking transfer of the divorce case to Ranchi, where she resided with her parents.However, during the pendency of the transfer petition, both parties reconsidered their positions and jointly moved an application under Article 142 of the Constitution, requesting the Supreme Court to declare that no valid marriage ever took place and to quash all related criminal and matrimonial proceedings.Submissions before CourtThe counsel for the Petitioner argued that there was never a valid Hindu marriage in the eyes of law, and therefore a divorce petition itself was legally unsustainable. The Respondent’s counsel also admitted that no ceremonies under Section 7 of the Hindu Marriage Act were performed, but argued that he was compelled to file the divorce petition because a marriage registration certificate existed.Both parties collectively submitted before the Court that they had never undergone any Hindu rituals, customs and rites. They confessed to the Court that they got the certificates under pressure of external forces and practical considerations, and now they did not want to drag the legal baggage of a marriage that had never actually happened.Supreme Court’s AnalysisThe Court, prior to relief, engaged in a close analysis of the Hindu Marriage Act, 1955, Section 7 and Section 8, and had important observations to say on what Hindu marriage is about.Meaning of “Solemnization” Under Section 7The Court pointed out that the Section 7 incorporates the word solemnized that inherently means conducting ceremonies. It clarified:“Unless and until the marriage is performed with appropriate ceremonies and in due form, it cannot be said to be ‘solemnized’.”The Bench clarified that Hindu marriage is not a contract, but a sacrament (samskara), and the rituals like Saptapadi -seven steps in the presence of sacred fire- are the most important part of its accomplishment. “In the absence of any solemnization of a marriage as per the provisions of the Act, a man and a woman cannot acquire the status of being a husband and a wife to each other.”It further observed that a certificate issued by any entity, without proof of rituals, cannot establish marital status under Hindu law.On the issue of the registration in Section 8 of the Act that regulates the registration, the Court made it clear that registration does not create a marriage but only helps to provide evidence of a valid marriage.The judgment famous:“If there has been no marriage in accordance with Section 7, the registration would not confer legitimacy to the marriage.”Registration is therefore evidentiary but not constitutive, in the absence of the ceremony which forms the basis of the registration, registration would not be effective at all.The Bench further expressed concerned about an increasing trend where young couples were getting marriage certificates under the pretext of practical application like visa applications or convenience without having actual ceremonies. The Court lamented this kind of practice:“In current years, we now have come throughout a number of cases the place for “practical purposes”, a person and a lady with the intention of solemnisation of their marriage at a future date search to register their marriage below Section 8 of the Act on the idea of a doc which can have been issued as proof of ‘solemnisation of their marriage’ akin to within the instantaneous case. As we now have already famous, any such registration of a wedding earlier than the Registrar of Marriages and a certificate being issued thereafter wouldn’t affirm that the events have ‘solemnised’ a Hindu marriage. We notice that folks of younger {couples} agree for registration of a wedding with a purpose to apply for Visa for emigration to international international locations the place both of the events could also be working “in order to save time” and pending formalising a wedding ceremony. Such practices must be deprecated. What can be the consequence, if no such marriage is solemnised in any respect at a future date? What can be the standing of the events then? Are they husband and spouse in regulation and do they purchase such standing in society?”In light of the above, the Court also asked a relevant question: What would be the result, in case not even at a later date such a marriage could be solemnized? What would become the status of parties at that time?Answering these questions, the Court addressed the cultural and spiritual significance of marriage in the Hindu law that noted that marriage was not a commercial affair or even just a celebration but a solemn institution upon which family and society were founded. “A Hindu marriage is a samskara and a sacrament which must be accorded its standing as an establishment of nice worth in Indian society. Therefore, we urge younger women and men to assume deeply in regards to the establishment of marriage even earlier than they enter upon it and as to how sacred the mentioned establishment is, in Indian society. A wedding isn’t an occasion for ‘track and dance’ and ‘wining and eating’ or an event to demand and alternate dowry and items by undue strain resulting in attainable initiation of prison proceedings thereafter. A wedding isn’t a business transaction. It is a solemn foundational occasion celebrated in order to ascertain a relationship between a person and a lady who purchase the standing of a husband and spouse for an evolving household in future which is a fundamental unit of Indian society.”The Court further clarified that while the Special Marriage Act allows couples of any faith to legally marry through registration and formal procedure, the Hindu Marriage Act specifically requires ceremonies in addition to fulfilment of statutory conditions.Thus, what may be sufficient under the Special Marriage Act would not automatically apply under the Hindu Marriage Act.The court docket held:“The Hindu Marriage Act, 1955 solemnly acknowledges each the fabric and religious elements of this occasion within the married couple’s lives. Besides offering a mechanism for registration of marriages with a purpose to confer the standing of a married couple and acknowledge rights in personam and rights in rem, a particular place is given to rites and ceremonies within the Act. It follows that the crucial circumstances for the solemnizing of a Hindu marriage ought to be assiduously, strictly and religiously adopted. This is given that the genesis of a sacred course of can’t be a trivial affair. The honest conduct of and participation within the customary rites and ceremonies below Section 7 of the Hindu Marriage Act, 1955 must be ensured by all married {couples} and clergymen who preside over the ceremony.“After considering the joint application and the legal position, the Supreme Court declared:“The ‘marriage’ dated 07.07.2021 between the parties is not a ‘Hindu marriage’ having regard to the provisions of Section 7 of the Act.”The Court accordingly held both the personal certificate and the government registration void, and that the parties had never become husband and wife. In view of this declaration, the Court quashed all pending proceedings between them, including, the divorce petition in Muzaffarpur, maintenance case in Ranchi, the criminal FIR and related proceedings and the transfer petition was then disposed of as infructuous.(Vatsal Chandra is a Delhi-based Advocate practicing before the courts of Delhi NCR.)
