Authored By – VIJAY BARNWAL, MANU LAW COLLEGE SIDDHARTH UNIVERSITY 

Introduction

Section 7 of the Hindu Marriage Act, 1955, provides for the necessary rituals required for the validity of a Hindu marriage.

Section 7 states:
“A Hindu marriage may be solemnized in accordance with the customary customs and rituals of any of the parties thereto. Where, under such customs and rituals, Saptapadi (i.e., seven steps performed jointly by the bride and groom before the fire) is performed, the marriage becomes absolute and binding upon the completion of the seventh step.”

It is evident from Section 7 that no specific rituals have been prescribed for a valid marriage. The parties have the discretion to solemnize their marriage according to their customs and rituals. However, the phrase in Section 7, “to be ritualized in accordance with customary customs and rituals,” might seem misleading, as it does not impose an absolute obligation to perform such rituals. While they may be omitted, given the nature of Hindu marriage under the Act, ritual performance should be considered essential.

Across societies, irrespective of modernity and development, marriage rituals remain significant. Marriage is a status, and some formal organizational action is necessary to achieve that status. The marriage must be solemnized according to the religious ceremonies applicable to the parties. In Section 7(i), the word “may” should be interpreted as “shall” or “must be done.” If the non-performance of these rituals is proven, the marriage will not be considered valid under the law.

Once the essential conditions of marriage are fulfilled and the marriage is performed with proper rituals, it becomes complete and legally valid. Recognition by society, family, or parents is not a prerequisite for a valid marriage. In Balsamma Pal v. Cochin University, AIR 1996 SC 1011, the Supreme Court held that essential rituals related to Hindu marriage must be followed; otherwise, the marriage will not be valid.

Essential Conditions for a Valid Hindu Marriage

Section 5 of the Hindu Marriage Act, 1955, lays down the following essential conditions for a valid marriage:

1. Monogamy

As per Section 5(1) of the Act, neither party should have a living spouse at the time of marriage. Only one marriage at a time is recognized. A second marriage while the spouse is alive is void under this provision.

In Smt. Yamunabai v. Anantrao, AIR 1988 SC 644, the Supreme Court held that a Hindu marriage solemnized in contravention of Section 5(1) is null and void. If a person marries another while their previous marriage subsists, they can be punished under Section 494 or Section 495 of the Indian Penal Code.

Historically, Hindu law did not impose restrictions on polygamy, but the Hindu Marriage Act now strictly prohibits both polygamy and polyandry. Any marriage violating this condition is considered void.

2. Mental Soundness

As per Section 5(2) of the Hindu Marriage Act, any party to the marriage must:

a) Be capable of giving valid consent and not suffer from a mental condition that affects such consent.
b) Not suffer from a mental disorder rendering them unfit for marriage and procreation.
c) Not suffer from recurrent schizophrenia or epileptic seizures.

If this condition is violated, the marriage becomes voidable.

3. Minimum Age Requirement

According to Section 5(3) of the Hindu Marriage Act, the bride must be at least 18 years old, and the groom must be at least 21 years old at the time of marriage.

The Prohibition of Child Marriage Act, 2006, considers child marriages voidable. This Act has an overriding effect on the Hindu Marriage Act, as held in T. Siva Kumar v. Inspector of Police, AIR 2012 Madras 62.

4. Consent

Under Section 12(1)(c), a marriage is voidable if the petitioner’s consent, or the guardian’s consent (before the enactment of the Child Marriage Restraint Amendment Act, 1978), was obtained through fraud, force, or misrepresentation regarding any material fact.

5. Prohibited Relationship

As per Section 5(4), a Hindu marriage cannot take place between parties who fall within a prohibited relationship unless permitted by custom.

Definition of Prohibited Relationship (Section 3(h))

Two persons are said to be within a prohibited relationship if:

1. One is the other’s lineal ascendant.
2. One was the spouse of the other’s ancestor or descendant.
3. One was the wife of the other’s brother, father’s/mother’s brother, or grandfather’s brother.
4. Both are siblings, uncle-niece, aunt-nephew, or children of siblings.

Exception: If custom allows marriage within these relationships and both parties are governed by the same custom, this condition will not apply.

A marriage violating this condition is void.

6. Beyond Sapinda Relationship

As per Section 5(5), a marriage between two persons who are Sapindas of each other is prohibited unless a custom governing them permits it.

Under Section 3(f):

1. A Sapinda relationship extends up to the third generation from the mother and the fifth generation from the father.
2. If two persons share a common ancestor within these limits, they are considered Sapindas of each other.

A marriage violating this condition is void.

Essential Ceremonies and Rituals

As per Section 7 of the Hindu Marriage Act, a Hindu marriage must be solemnized according to the customary practices and rituals of either party. If Saptapadi is part of the custom, the marriage becomes complete and binding upon the completion of the seventh circumambulation.

Registration of Marriage

Old Hindu law did not require marriage registration. Rituals and ceremonies were the primary evidence of marriage, and they remain valid today.

However, Section 8 of the Hindu Marriage Act empowers State Governments to maintain a Hindu Marriage Register and make marriage registration compulsory.

In Smt. Seema v. Ashwani Kumar, AIR 2006 SC 1158, the Supreme Court directed both the Central and State Governments to frame rules regarding marriage registration.

In V.D. Grihalakshmi v. T. Prashanth, AIR 2012 Madras 34, the court ruled that a marriage registration certificate is not conclusive proof of a Hindu marriage under Section 7 but only evidences the statements made before the registering authority.

Void Marriages

Under Section 11 of the Hindu Marriage Act, a marriage is void if it contravenes:

• Section 5(1): One spouse was already married.
• Section 5(4): The parties are within a prohibited relationship.
• Section 5(5): The parties are Sapindas unless permitted by custom.

Void marriages are considered null and void ab initio, as ruled in S. Laxman v. Sriranga, AIR 2012 NOC 296 (Karnataka).

Voidable Marriages

A voidable marriage remains valid until annulled by a competent court. Grounds for annulment under Section 12 include:

1. Impotency: One party is incapable of sexual intercourse (Biswas v. Biswas, AIR 1921).
2. Unsound Mind: One party was unable to give valid consent due to mental incapacity.
3. Fraud or Force: Marriage consent was obtained through fraud or coercion (Ramakant v. Mohinder Lakshmi Das, AIR 1996).
4. Pregnancy by Another Person: The wife was pregnant by another person at the time of marriage (Mahendra v. Sushila Bai, AIR 1965 SC 364).

Legitimacy of Children from Void and Voidable Marriages

Section 16 states that children born from void or voidable marriages shall be deemed legitimate. However, such children can only inherit their parents’ property, not that of other relatives.

Conclusion

The Hindu Marriage Act, 1955, sets forth strict conditions for a valid marriage, ensuring that monogamy, mental soundness, consent, and age criteria are met. Rituals remain an integral part of Hindu marriages, and non-performance may invalidate a marriage. The Act also provides mechanisms for the annulment of voidable marriages and safeguards the legitimacy of children from such unions.

REFERENCES

1. Cases Referred
   1. [Balsamma Pal v. Cochin University, AIR 1996 SC 1011]
   2. Yamunabai v. Anantrao (AIR 1988 SC 644)
   3. [T. Siva Kumar v. Inspector of Police, AIR 2012 Madras 62]
   4. Seema vs. Ashwani Kumar (AIR 2006 SC 1158)
   5. D. Grihalakshmi v. T. Prashanth, AIR 2012 Madras 34,
   6. Laxman v. Sriranga, AIR 2012 NOC 296 (Karnataka).
   7. Birendra Vikram Singh v. Kamla Devi [AIR 1995 All 243]
   8. [Biswas v. Biswas, A.I.R. 1921, October 459].
   9. Manjit Kaur vs. Surendra Singh [AIR 1994 P& 11 4], 
   10. Ramakant vs. Mohinder Lakshmi Das |AIR 1996 In the case of P & H 991
   11. Urmila Devi vs. Narinder Singh, AIR 2007 
   12. Mahendra v. Sushila Bai, AIR 1965 SC 364
   13. [T. Sivakumar v. Inspector of Police, AIR 2012 Madras 62]
2. Statutes Referred
3. 1. HINDU MARRIAGE ACT 1955