In a recent judgement, India's Supreme Court ruled that a marriage certificate alone isn't enough to prove a valid Hindu marriage. According to Justices Nagarathna and Masih, proper wedding ceremonies and rituals, including chanting mantras and taking sacred walks around a fire ("Saptapadi") witnessed by the community, are essential for a Hindu marriage to be recognized under the law.
The Court explained that couples seeking recognition as married under the Hindu Marriage Act must have participated in these ceremonies and be able to present evidence if a dispute arises. Section 7 of the Act specifically states that a Hindu marriage is invalid without these ceremonies. Simply obtaining a certificate from an organization without going through the ceremonies doesn't confirm marital status or establish a marriage under Hindu law.
This ruling came about during a case involving a legal transfer request. The Court ultimately invalidated a divorce, alimony payments, and criminal proceedings against a couple who registered their marriage but didn't follow Hindu customs. While they had a marriage certificate from the Vedic Welfare Committee and a registration certificate from the Uttar Pradesh Marriage Registration Rules, these documents weren't enough.
The Court clarified that marriage registrars cannot register marriages under Section 8 of the Hindu Marriage Act unless there's proof the couple participated in a valid ceremony as outlined in Section 7. Registration under Section 8 simply confirms participation in a proper wedding ceremony, not the ceremony itself.
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