SEC 7 of Hindu Marrige

Dolly Rani vs Manish Kumar Chanchal

Recently a judgment was passed by the Supreme Court in the case of Dolly Rani vs Manish Kumar Chanchal, that a marriage will not be valid if not performed as per rites. Unless the parties have undergone such a ceremony, it would not be a Hindu Marriage as per Sec 7 of HMA.
Sec 7 of HMA states that : • Ceremonies for a Hindu marriage.- • (J)A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto. • (g)Where such rites and ceremonies include the saptpadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and bindin when the seventh step is taken. Supreme Court bench, Justice B V Nagarathna and Augustine George Masih said that a Hindu marriage "is a sacrament which has to be accorded its status as an institution of great value in Indian society", in the order dated April 19 the court urged "young men and women to think deeply about the institution of marriage even before they enter upon it and as to how sacred the said institution is, in Indian society".

The top court stated that "a (Hindu) 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 thereafter"

Mere issuance of a certificate by an entity in the absence of essential ceremonies would not confirm the marriage be considered as marriage under Hindu Law.

It was further observed that registration of a Hindu marriage is to provide a proof of Hindu marriage incase of dispute, and for that marriage must happen as per Sec 7 of HMA

The court further stated that marriage is not a commercial transaction, but an event to celebrate and establish a relationship between a man and women for a evolving family in future in an Indian Society.

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