
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.