2024 Supreme(SC) 400

SUPREME COURT OF INDIA
B.V. Nagarathna, Augustine George Masih, JJ.
Dolly Rani - Petitioner
Versus
Manish Kumar Chanchal - Respondent
Transfer Petition (C) No(s). 2043 of 2023
Decided On : 19-04-2024

IMPORTANT POINT
Hindu marriage – Unless and until marriage is performed with appropriate ceremonies and in due form, it cannot be said to be solemnised – Certificate of marriage is a proof of validity of Hindu marriage only when such a marriage has taken place and not in a case where there is no marriage ceremony performed at all.

Headnote:

(A) Hindu Marriage Act, 1955 – Sections 7 and 8 – [Uttar Pradesh Marriage Registration Rules, 2017] – Hindu marriage – Unless and until marriage is performed with appropriate ceremonies and in due form, it cannot be said to be solemnised – Requisite ceremonies for solemnisation of Hindu marriage must be in accordance with applicable customs or usage and where Saptapadi has been adopted, marriage becomes complete and binding when seventh step is taken – Where a Hindu marriage is not performed in accordance with applicable rites or ceremonies such as Saptapadi when included, marriage will not be construed as a Hindu marriage – Unless parties have undergone such ceremony, there would be no Hindu marriage according to Section 7 of the Act and a mere issuance of a certificate by an entity in absence of requisite ceremonies having been performed, would neither confirm any marital status to parties nor establish a marriage under Hindu law – Certificate issued by Vadik Jankalyan Samiti (Regd.) in absence of any indication as to rites and customs that were performed and as to whether requirements under Section 7 of Act was complied with would not be a certificate evidencing a Hindu marriage in accordance with Section 7 of Act – In absence of any ceremony being performed such a certificate could not have been issued – advantage of registration is that it facilitates proof of factum of marriage in a disputed case – But if there has been no marriage in accordance with Section 7, registration would not confer legitimacy to marriage – Certificate of marriage is a proof of validity of Hindu marriage only when such a marriage has taken place and not in a case where there is no marriage ceremony performed at all. (Paras 15, 16 and 17)

(B) Hindu Law – Hindu marriage – Hindu marriage is a sacrament and has a sacred character – A wife is considered to be half of oneself (Ardhangini) but to be accepted with an identity of her own and to be a co-equal partner in marriage – There is nothing like a “better-half” in a marriage but spouses are equal halves in a marriage – In Hindu Law, marriage is a sacrament or a Samskara – It is foundation for a new family – With passage of centuries and enactment of Hindu Marriage Act, 1955, monogamy is only legally approved form of relationship between a husband and a wife – The Act encompasses not only Hindus as such but Lingayats, Brahmos, Aryasamajists, Buddhists, Jains and Sikhs also who can enter into a valid Hindu marriage coming within expansive connotation of word Hindu – Children born out of a valid Hindu marriage are legitimate and they have full rights in law – 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 – A marriage is not a commercial transaction – It is a solemn foundational event celebrated so as to establish a relationship between a man and a woman who acquire status of a husband and wife for an evolving family in future which is a basic unit of Indian society – Critical conditions for solemnizing of a Hindu marriage should be assiduously, strictly and religiously followed – In instant case, petitioner and respondent were not married in accordance with provisions of Act and they have never acquired status of husband and wife – Cases filed by parties against each other stand quashed. (Paras 18, 19, 20, 21, 22 and 23)

(C) Special Marriage Act, 1954 – Section 5 – Hindu Marriage Act, 1955 – Section 7 – Valid marriage – Under Special Marriage Act, 1954, a man and a woman can acquire status of being a husband and a wife as per provisions of said Act – Special Marriage Act, 1954 is not restricted to Hindus – Any man and woman irrespective of their race, caste or creed can acquire status of being a husband and a wife under provisions of Special Marriage Act, 1954 but under provisions of Act (Hindu Marriage Act, 1955), there should not only be compliance of conditions as prescribed under Section 5 of said Act but also couple must solemnise a marriage in accordance with Section 7 of Act. (Para 22)

Facts of the case:

Present transfer petition is filed under Section 25 of CPC by petitioner-wife seeking transfer of divorce petition under Section 13(l)(ia) of Hindu Marriage Act, 1955 pending before Court of Principal Judge, Family Court, Muzaffarpur, Bihar to Court of Principal Judge, Family Court, Ranchi, Jharkhand.

Findings of Court:

Application filed under Article 142 of Constitution is allowed.

Result : Transfer Petition disposed of.