Gandhinagar: Setting aside a family court ruling, Gujarat High Court has observed that mere registration and certificate without performance of "rites and rituals" doesn't constitute a valid Hindu marriage.Declaring a marriage "null and void ab initio" as "no rites and rituals were performed and no lawful marriage was solemnised between the parties", though the same was registered and a certificate was issued, a division bench of the high court, comprising justices Ilesh J Vora and RT Vachhani, observed that "under Hindu law, a marriage is valid only if the essential rites and ceremonies required by law are performed".Section 7 of the Hindu Marriage Act of 1955 states that "ceremonies for a Hindu marriage - (1) A Hindu marriage may be solemnised in accordance with the customary rites and ceremonies of either party thereto; (2) Where such rites and ceremonies include the Saptapadi (that is, the taking of seven steps by the bridegroom and bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken".The bench observed: "In the context of Saptapadi in a Hindu marriage, the Rig Veda states that after the seventh step is completed, the bridegroom says to the bride: 'With seven steps we have become friends (sakha). May I attain friendship with you and may I never be separated from that friendship'."
Registration, certificate not enough; Hindu marriage invalid sans rites, rituals: Gujarat HC
The Gujarat High Court has ruled that a Hindu marriage requires the performance of essential rites and rituals, not just registration. A division bench declared a marriage null and void, emphasizing that a certificate alone is insufficient if ceremonies like Saptapadi were not conducted. The court cited Hindu law and the Rig Veda to underscore the significance of these traditional practices for a valid union.
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