• Hindu marriage validation

Does a man putting sindoor on a girl in front of an idol make the marriage legal without performing any rites or rituals ?
Asked 1 year ago in Family Law
Religion: Hindu

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14 Answers

Mere applying Sindoor on girl in front of idol does  not make it a valid marriage 

Ajay Sethi
Advocate, Mumbai
94238 Answers
7432 Consultations

5.0 on 5.0

By just merely affixing the sindoor on the girl's forehead in front of an idol do not make the marriage valid. 

Section 7(1) of the Hindu Marriage Act, 1955, that the marriage may be solemnised either in accordance with ceremonies existing in customs or rituals of either party. Thus, it can be construed that there cannot be a straight jacket formula as regards what ceremonies are accepted under Section 7 because India is a place of multiple diversities and every community has its own rituals and customs to follow.

 

T Kalaiselvan
Advocate, Vellore
84440 Answers
2135 Consultations

5.0 on 5.0

Hi, It can't be said that the marriage is legal. 

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
334 Consultations

4.5 on 5.0

In Bhaurao Shankar Lokhande vs. The State of Maharashtra (1965), the Hon’ble Supreme Court held that marriage is not said to be in existence if it is not celebrated or performed with the necessary customary ceremonies. A marriage shall be solemnized in the eyes of the law when it has been conducted while following the ceremonies of either of the parties. Further, the Court also held that merely after following certain ceremonies as per their will, the parties cannot be said to be married because such a ceremony will not be recognized by law and customs. What has to be noted is that the ceremonies must be conducted in practice according to the parties’ customs and traditions. 

In order to solemnise a valid marriage in the eyes of the law, one must perform not all but some of the ceremonies. The Hindu Marriage Act, 1955 gives liberty to either of the parties to perform the necessary ceremonies to give marriage a valid effect. Further, the law does not provide or have a straight jacket formula as to what these necessary ceremonies are, the reason being the diverse nature of  Indian society. What is necessary is that the ceremony, either on the bride’s side or on the groom’s, must be necessary and of the utmost importance to solemnize or complete a marriage. 

In Bhaurao Shankar Lokhande vs. The State of Maharashtra (1965), the Hon’ble Supreme Court held that marriage is not said to be in existence if it is not celebrated or performed with the necessary customary ceremonies. A marriage shall be solemnized in the eyes of the law when it has been conducted while following the ceremonies of either of the parties. Further, the Court also held that merely after following certain ceremonies as per their will, the parties cannot be said to be married because such a ceremony will not be recognized by law and customs. What has to be noted is that the ceremonies must be conducted in practice according to the parties’ customs and traditions. 

In order to solemnise a valid marriage in the eyes of the law, one must perform not all but some of the ceremonies. The Hindu Marriage Act, 1955 gives liberty to either of the parties to perform the necessary ceremonies to give marriage a valid effect. Further, the law does not provide or have a straight jacket formula as to what these necessary ceremonies are, the reason being the diverse nature of  Indian society. What is necessary is that the ceremony, either on the bride’s side or on the groom’s, must be necessary and of the utmost importance to solemnize or complete a marriage. 

 

T Kalaiselvan
Advocate, Vellore
84440 Answers
2135 Consultations

5.0 on 5.0

Invocation before the sacred fire, and (ii) the saptpadi are the two essential ceremonies of marriage

 

Ajay Sethi
Advocate, Mumbai
94238 Answers
7432 Consultations

5.0 on 5.0

1.  A man putting sindoor on a girl in front of an idol does not make the marriage legal. In some places this practice is being followed, which has no legal force.

2.  To make Hindu marriage legal, the bride and the bridegroom have to take seven steps before the Agni Kunda (Sacred Fire), i.e., SAPTAPADI, in the presence of family and friends, who vouch for the marriage.

3.  One can register the Hindu Marriage in the jurisdictional Sub Registrar's Office and obtain Marriage Certificate.

 

Shashidhar S. Sastry
Advocate, Bangalore
5032 Answers
314 Consultations

5.0 on 5.0

- As per Bombay High Court, A physical relationship coupled with sindur and mangalsutra don’t constitute a valid marriage, 

- Further, unless the marriage is celebrated or performed with proper ceremonies and in due form, it cannot be said to be solemnized.


- Hence,  for a legal Hindu marriage , the bride and the bridegroom have to take seven steps before the Agni Kunda i.e., SAPTAPADI, in the presence of family and friends.

- However, as per Section 7-A of Hindu Marriage Act, any marriages will be valid if it is solemnized in presence of relatives, friends or other persons

- Further, the marriage would be completed by a single ceremony requiring the couples to garland each other or the couple has to put a ring on the finger or tie the thali. So if any of these ceremonies are held, then it would be enough for a legal marriage.

Mohammed Shahzad
Advocate, Delhi
12938 Answers
187 Consultations

5.0 on 5.0

He has to perform customized Hindu marriage like saptapadi, sindoor, priest etc. 

Ganesh Kadam
Advocate, Pune
12910 Answers
251 Consultations

4.9 on 5.0

A Hindu marriage can be validly performed in accordance with the  customary rites and ceremonies of either bride or bride groom. If in your community marriage is final on application of sindoor on that forehead of bride, such marriage is valid, provided it took place in presence of relatives and friends as witnesses. 

It depends on the customs prevailing in the  community of bride of groom. In south India, it is tying of thali  (mangalsutr) and in north it is varamala.

Ravi Shinde
Advocate, Hyderabad
4035 Answers
42 Consultations

5.0 on 5.0

No, mere application of the sindur shall not constitute a legal marriage under the Hindu law. It needs to be properly conducted in accordance with the customs and rituals, including saptapathi, as applicable to a particular caste. Otherwise, such a marriage shall be void ab initio.

Swaminathan Neelakantan
Advocate, Coimbatore
2754 Answers
20 Consultations

4.9 on 5.0

That is not enough. The traditions of Hindu marriage have to be followed in order for the marriage to be solemnised.

Rahul Mishra
Advocate, Lucknow
14058 Answers
65 Consultations

5.0 on 5.0

The custom of saat phere must be followed and the marriage must be registered.

Rahul Mishra
Advocate, Lucknow
14058 Answers
65 Consultations

5.0 on 5.0

Dear client Unless the marriage is celebrated or performed with proper ceremonies and in due form, it cannot be said to be solemnised,” said the bench led by justice BP Dharmadhikari

Anik Miu
Advocate, Bangalore
8564 Answers
105 Consultations

5.0 on 5.0

No

saptapadi in hindus is necessary

Prashant Nayak
Advocate, Mumbai
31573 Answers
169 Consultations

4.1 on 5.0

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