The Media Times.Live
LEGAL FACTS: Amod Kumar Advocate, Mumbai High court.
Section 7 of HMA 1955 speaks about ceremonies of a Hindu Marriage. Unless and until the marriage is performed with appropriate ceremonies and in due form, it is not a Valid Hindu marrige. The marriage should be solemenised as per customs, rites and rituals. Thus certifiate of marriage issued by the Registar of marriage is of no consiquence. Unless the parties have undergone such ceremony there would be no Hindu Marriagge according to section 7 of the Act and mere issuance of a certificate in the absence of requisite ceremonies would neither confirm any marital status to the parties nor establish a marriage under Hindu Law.
It is only when the marriage is solemnised in accordance with section 7 of the Act there can be a marriage registered under section 8 of Hindu Marriage Act. If the marriage ceremony had not performed as per sectipon7 of the Act, than the ragistration of such marriage under Section 8 would not confer any lagitmacy to such a marriiage.
Hindu Marriage is a sacrament and has a sacred character. It is the foundation for a new fammily. In the absence of any solemnisation of a marriage as per the provision of the act, a man and a woman can not acquire the status of being a Husband and Wife to each other. The sincere conduct of and participantion in the customary rites and ceremonies under Section 7 of the HM Act, 1955 ought to be insured by all marriied couples.
This issue has been discussed and decided by honourable SUPREME COURT recently in the case of DOLLY RANI and MANISH kUMAR CHANCHAL.
